International Roma Day Revisited

International Roma Day Revisited

Hon.
Christopher H. Smith
United States
House of Representatives
107th Congress Congress
First Session Session
Thursday, April 05, 2001

Mr. 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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  • In Honor of Vaclav Havel

    Thirty years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could “live and work as free human beings.” Today, as Co-Chairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country.  When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia’s Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories.  Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the Charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of this chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other Chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders, including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to five years. Perhaps the regime’s harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak’s Czechoslovakia; no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, “Plastic People of the Universe;” by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. 1989 was an extraordinary year – a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East German were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin wall was breached. But while communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime’s repressive tactics were part of its final undoing.  On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released video tapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia’s Communist regime collapsed like a house of cards.  As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS, but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, “. . . a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.” On December 29, Vaclav Havel, who had been in prison just a few months earlier, was elected President of Czechoslovakia by the Federal Parliament.  Jan Patocka once wrote, “The real test of a man is not how well he plays the role he has invented for himself, but how well he plays the role that destiny assigned to him.” It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found.

  • Recognizing the 50th Anniversary of the Treaty of Rome

    Mr. WEXLER. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 230) recognizing the 50th Anniversary of the Treaty of Rome signed on March 25, 1957, which was a key step in creating the European Union, and reaffirming the close and mutually beneficial relationship between the United States and Europe. The Clerk read as follows: H. Res. 230 Whereas, after a half century marked by two world wars and at a time when Europe was divided and some nations were deprived of freedom, and as the continent faced the urgent need for economic and political recovery, major European statesmen such as Robert Schuman, Jean Monnet, Paul-Henri Spaak, Konrad Adenauer, Alcide de Gasperi, Sir Winston Churchill, and others joined together to lay the foundations of an ever closer union among their peoples; Whereas on March 25, 1957, the Federal Republic of Germany, France, Italy, Belgium, the Netherlands, and Luxembourg signed the Treaty of Rome to establish a customs union, to create a framework to promote the free movement of people, services, and capital among the member states, to support agricultural growth, and to create a common transport policy, which gave new impetus to the pledge of unity in the European Coal and Steel Agreement of 1951; Whereas to fulfill its purpose, the European Union has created a unique set of institutions: the directly-elected European Parliament, the Council consisting of representatives of the Member States, the Commission acting in the general interest of the Community, and the Court of Justice to enforce the rule of law; Whereas on February 7, 1992, the leaders of the then 12 members of the European Community signed the Treaty of Maastricht establishing a common European currency, the Euro, to be overseen by a common financial institution, the European Central Bank, for the purpose of a freer movement of capital and common European economic policies; Whereas the European Union was expanded with the addition of the United Kingdom, Denmark, and Ireland in 1973, Greece in 1981, Spain and Portugal in 1986, a unified Germany in 1990, Austria, Finland, and Sweden in 1995, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia in 2004, and Bulgaria and Romania in 2007, making the European Union a body of 27 countries with a population of over 450 million people; Whereas the European Union has developed policies in the economic, security, diplomatic, and political areas: it has established a single market with broad common policies to organize that market and ensure prosperity and cohesion; it has built an economic and monetary union, including the Euro currency; and it has built an area of freedom, security, and justice, extending stability to its neighbors; Whereas following the end of the Cold War and the disintegration of the Soviet Union, the European Union has played a critical role in the former Central European communist states in promoting free markets, democratic institutions and values, respect for human rights, and the resolve to fight against tyranny and for common national security objectives; Whereas for the past 50 years the United States and the European Union have shared a unique partnership, mindful of their common heritage, shared values and mutual interests, have worked together to strengthen transatlantic security, to preserve and promote peace and freedom, to develop free and prosperous economies, and to advance human rights; and Whereas the United States has supported the European integration process and has consistently supported the objective of European unity and the enlargement of the European Union as desirable developments which promote prosperity, peace, and democracy, and which contribute to the strengthening of the vital relationship between the United States and the nations of Europe: Now, therefore, be it  Resolved, That the House of Representatives-- (1) recognizes the historic significance of the Treaty of Rome on the occasion of the 50th anniversary of its signing;  (2) commends the European Union and the member nations of the European Union for the positive role which the institution has played in the growth, development, and prosperity of contemporary Europe;  (3) recognizes the important role played by the European Union in fostering the independence, democracy, and economic development of the former Central European communist states following the end of the Cold War;  (4) acknowledges the vital role of the European Union in the development of the close and mutually beneficial relationship that exists between the United States and Europe;  (5) affirms that in order to strengthen the transatlantic partnership there must be a renewed commitment to regular and intensive consultations between the United States and the European Union; and  (6) joins with the European Parliament in agreeing to strengthen the transatlantic partnership by enhancing the dialogue and collaboration between the United States Congress and the European Parliament.  I first want to thank Chairman Lantos for introducing this resolution with me. If there is anyone in Congress who fully understands the significance of this moment, it is Congressman Lantos, who has been an unwavering supporter of the transatlantic alliance and the creation of the European Union. In addition, I want to thank the ranking member of the Europe Subcommittee, Mr. Gallegly, for his efforts in bringing this resolution to the floor. Mr. Speaker, on March 25, 1957, in an attempt to recover from destruction caused by two devastating world wars, six European nations, France, Italy, Belgium, The Netherlands, the Federal Republic of Germany, and Luxembourg, joined together in common interest to form the foundations of a new economic and political community. The resulting Treaty of Rome laid the framework to promote an ever closer union among the peoples of Europe. At that time, the Treaty of Rome provided for the establishment of a common market, a customs union and common policies, expanding on the unity already established in the European Coal and Steel Community. The founding members, keen on ensuring the past was not to be repeated, were particularly interested in the idea of creating a community of peace and stability through economic ties. The success of the European Economic Community inspired other countries to apply for membership, making it the first concrete step toward the creation of the European Union. The Treaty of Rome established the basic institutions and decision-making mechanisms still in place today. The European Union, now comprised of 27 countries and over 450 million people, is a unique and a historic example of nation-states transcending their former divisions, deciding to come together for the sake of freedom, peace and prosperity, and resolving their differences in the interest of the common good and rule of law. The success of the EU over the past 50 years has also benefited greatly the United States. Today, the United States and Europe enjoy a mutually beneficial relationship that has a long and established history. As the world's most important alliance, the U.S. and the EU are intimately intertwined, cooperating on regional conflicts, collaborating to address global challenges, and sharing strong trade and investment relations. It is clear that the strongest possible relationship between the United States and Europe is a prerequisite for addressing the challenges of the 21st century. The U.S. and EU are working closely to promote reform and peace in the Middle East, rebuild and enhance security in Afghanistan, support the goals of democratization and prosperity in Eastern Europe, the Caucasus, Balkans and Central Asia, prevent genocide in Darfur and end the violence and terrorism in Lebanon. The anniversary of the Rome Treaty is a reminder of the importance of the transatlantic alliance in an increasingly difficult global environment. However, the 50-year EU experiment is an example of the enduring possibilities of democratic transformation and a brighter future for millions. It is my hope that the EU will continue to keep its doors open and remain a beacon of hope to the citizens of Europe who aspire to obtain the peace and prosperity that have blossomed over the past 50 years. When Americans visit Europe today, it is hard to see how very damaged the countries of that continent were when they emerged from the destruction of the Second World War. American assistance played a very important role in rebuilding Western Europe in the 1940s and the 1950s, and American arms played a crucial role in protecting the democracies of Europe from the advance of Soviet communism during the Cold War. Ultimately, however, Europeans needed to do more on their own to build upon a foundation that the United States had first provided. The 1957 Treaty of Rome, signed by France, Germany, Italy, Belgium, The Netherlands, and Luxembourg was one of the first steps that Western Europe took to put the causes and the legacy of the Second World War behind them. The treaty established a free-trade region known as the European Economic Community, the cornerstone of what we today know as the European Union. A post-World War II economically ravaged Europe reasoned that if nations are linked economically, in this case by recalling the role that economic decline and hindered trade among nations had played in the years leading up to World War II, the creators of that free trade zone saw that the freedom of movement of goods, services, capital, and people might well prove to be a great deterrent to conflict between the states of Europe, large and small. Over the subsequent decades through the entry of new members and expansions both geographically across Europe and functionally across issues, the European Community grew beyond the original core membership of the 1950s and assumed responsibilities going well beyond trade. Today, the European Union indeed counts among its member states countries that once were under Soviet domination. It has worked to transfer more powers from its individual member states to the overall organization centered on the road to creating a more unified European foreign and security policy and making the European Union an organization that the United States increasingly looks to for leadership on transatlantic issues, joining the NATO alliances that continue to bind us together in that common cause. While the European Community continues to provide a framework within which to conduct international trade, such as multilateral trade negotiations with the United States, it has also advanced the cause of liberty, free markets, democratic institutions, and respect for human rights throughout the European continent. The Treaty of Rome was an important step in building on the foundation that the United States helped create after World War II for Europe. Today, we look to a strong Europe as seen in the expanded NATO and expanded and strengthened European Union as a foundation on which we can work together to address new and ever growing challenges. Therefore, with enthusiasm, Mr. Speaker, it is that this House should commemorate the 50th anniversary of the signing of this Treaty of Rome. Mr. HASTINGS of Florida. Mr. Speaker, I rise today to join with my colleagues in supporting H. Res. 230, a resolution recognizing the 50th anniversary of the Treaty of Rome, which was signed on March 25, 1957. The Treaty of Rome established a customs union--formally known as the European Economic Community--among six countries: Belgium, France, Italy, Luxemburg, the Netherlands, and the Federal Republic of Germany. Today, that customs union is known as the European Union, and now includes 27 countries spanning the length and breadth of Europe. Most importantly, it has grown into an institution that inspires countries to be their better selves. If one travels to Europe today, it may be hard to remember that, 50 years ago, the continent was still recovering from the second of the two world wars it had unleashed in less than half a century. It may be hard today to recall or imagine the magnitude of devastation that still scarred farmland and cities alike. It may be difficult to conceive of the bitterness, anger and thirst for revenge that bled across the continent like the blood of those fallen in war. The fact that Germany, a country that had unleashed a war of aggression against its neighbors just a few years before, was included in this new ``community'' was really nothing short of a minor miracle. Moreover, fifty years ago, Europe was still riven in two--no longer by a shooting war, but by a cold war. While a small group of nations was beginning the slow process of rebuilding their own countries and forging transnational relations based on cooperation, mutual trust, and mutual benefit, another part of the continent had fallen under the boot of communist dictatorship, where the Soviet Union exploited its neighbors, stripping them of wealth, prosperity, and opportunity for generations. Just one year before the Treaty of Rome was signed, the Soviet Union underscored its opposition to any independent foreign or economic policy on the part of East European countries--a message unequivocally sent by its invasion of Hungary. As the years passed, and the success of the European Economic Communities became ever more apparent, it is no surprise that more countries joined this union. Membership in Council of Europe, the European Union's sister organization and home of the European Court of Human Rights, helped pave the way for membership in the EU. Meanwhile, the NATO alliance created a zone of military security where the post-war citizens of Western Europe could build a zone of financial security. Since the fall of communism, there is no doubt that the aspiration of joining the European Union, much like the goal of joining the NATO alliance, has helped focus the attention of many countries on overcoming their past differences for a larger, common good that also brings substantial benefits to their own citizens. Today, I commemorate the 50th anniversary of the signing of the Treaty of Rome, and the new vision it held for the European continent, one that has helped spread peace and prosperity to nearly 500 million people.

  • In Honor of Vaclav Havel Statement by Senator Benjamin Cardin

    Thirty years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could “live and work as free human beings.” Today, as Co-Chairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country.  When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia’s Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories.  Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the Charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of this chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other Chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders, including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to five years. Perhaps the regime’s harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak’s Czechoslovakia; no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, “Plastic People of the Universe;” by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. 1989 was an extraordinary year – a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East German were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin wall was breached. But while communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime’s repressive tactics were part of its final undoing.  On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released video tapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia’s Communist regime collapsed like a house of cards.  As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS, but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, “. . . a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.” On December 29, Vaclav Havel – who had been in prison just a few months earlier – was elected President of Czechoslovakia by the Federal Parliament.  Jan Patocka once wrote, “The real test of a man is not how well he plays the role he has invented for himself, but how well he plays the role that destiny assigned to him.” It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Chairman Alcee Hastings

    As Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia’s first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found.  Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.”  The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted.  Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits with the Communist regime, Charter 77 clearly won.  And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy.  Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights.

  • In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Chris Smith

    Madame Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil.  In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, Steny Hoyer, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us.  In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as “ordinary people who happen to be part of a movement.” For a group of “ordinary people,” they certainly accomplished extraordinary things.  One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison.  In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live.  One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel’s message:  This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn’t we be coming up with other methods, other ways?  Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel's essay.  Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel’s close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime.  Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country’s communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China.  Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament’s regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over.  On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia.

  • In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer

    Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.

  • In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer

    Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism.  Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival.  Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement.  Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975.  It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.”  Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group.  In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.”  Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.

  • In Honor of Vaclav Havel and the 30th Anniversary of Charter 77 Statement by Representative Steny Hoyer

    Madame Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77’s extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia’s first President after the fall of communism.  Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival.  Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission’s second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement.  Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country’s economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975.  It was, of course, with great interest that I discussed Charter 77, first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United States, I was told that Charter 77 didn’t represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.”  Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a "humanitarian" gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group.  In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . . Havel is now in prison, but he is not alone in his cause. In a dramatic move . . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned.] For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.”  Madame Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom.

  • Remembering the 50th Anniversary of the Hungarian Uprising

    Mr. Chairman, this past October, Hungary celebrated the 50th anniversary of the Hungarian Uprising. As President Bush said in his October 18 Presidential Proclamation, “the story of Hungarian democracy represents the triumph of liberty over tyranny.” Like the President, I honor the men and women who struggled – not only in 1956 but for many years thereafter – for democracy in Hungary.  The following remarks were made by Istvan Gereben, a man who came to this country after the 1956 revolution, but who never forgot his homeland. They were delivered by Mr. Gereben in San Francisco on October 22, 2006, at the “Remember Hungary 1956” Commemoration, at the California State Building. REVOLUTION, REBIRTH, FREEDOM:  HUNGARY 1956 From the shadows of blood, iron bars, gallows and simple wooden crosses we step today into the sunshine of remembrance, hope, duty and responsibility. During the past sixteen years the ideas, guiding principles, heroes and martyrs of 1956 gained amends. The moral and political legacy of the Hungarian Revolution, however, still, even today, is misunderstood, misrepresented and waiting to be fully appreciated.  We remember…our friends, the “Kids of Pest”, the colleagues, the relatives, the familiar strangers. The brave Hungarians. Let’s remember the dead here, thousands of miles away from their graves but close to their soul, grieving woefully, but full with hope. We pray for those who in their defeat became triumphant. “For what they have done has been to expose the brutal hypocrisy of Communism for all mankind” –declared Archibald McLeish in the Special Report of Life Magazine in 1957.  Why did it happen?  The best answer can be found in Sandor Marai’s poem: “Christmas 1956." Angel from Heaven.”  The whole world is talking about the miracle.  Priests talk about bravery in their sermons.  A politician says the case is closed.  The Pope blesses the Hungarian people.  And each group, each class, everybody  Asks why it happened this way.  Why didn’t they die out as expected?  Why didn’t they meekly accept their fate?  Why was the sky torn apart?  Because a people said, “Enough!”  They who were born free do not understand,  They do not understand that  “Freedom is so important, so important!”  The fight waged by Hungarians in 1956 was inspired by a burning desire for freedom of the individual and the nation, by want for national independence, by thirst for full national and individual sovereignty and by hunger for inner democracy. This Revolution against the Soviet occupiers was a defining moment in Hungarian history and in the nation’s political culture. 1956 was one of the most powerful nail driven into the coffin of an evil and fraudulent tyranny.  Then and continuously since we witness the expression of praise, admiration of and support for the aims of this miracle that is called the Hungarian Revolution.  Let’s refresh our memory with some of the more striking observations by our friends here in America and elsewhere in the World:  President John F. Kennedy:  “October 23, 1956 is a day that will forever live in the annals of free men and free nations. It was a day of courage, conscience and triumph. No other day since history began has shown more clearly the eternal unquenchability of man’s desire to be free, whatever the odds against success, whatever the sacrifice required”  (Statement, October 23, 1960)  President Ronald Reagan:  “The Hungarian Revolution of 1956 was a true revolution of, by and for the people. Its motivations were humanity’s universal longings to live, worship, and work in peace and to determine one’s own destiny. The Hungarian Revolution forever gave the lie to communism’s claim to represent the people, and told the world that brave hearts still exist to challenge injustice”  (Excerpt from the Presidential Proclamation issued on October 20, 1986.)  President George W. Bush:  “On the 50th anniversary of the Hungarian Revolution, we celebrate the Hungarians who defied an empire to demand their liberty; we recognize the friendship between the United States and Hungary; and we reaffirm our shared desire to spread freedom to people around the world.”  (Excerpt from the Presidential Proclamation issued on October 18, 2006.)  Milovan Djilas:  “The changes in Poland mean the triumph of national Communism, which in a different form we have seen in Yugoslavia. The Hungarian uprising is something more, a new phenomenon, perhaps no less meaningful than the French or Russian Revolutions…The revolution in Hungary means the beginning of the end of Communism.”  (Excerpt from: “The Storm in Eastern Europe,” “The New Leader,” No. 19, 1956)  The New York Times:  “We accuse the Soviet Government of murder. We accuse it of the foulest treachery and the basest deceit known to man. We accuse it of having committed so monstrous crime against the Hungarian people yesterday that its infamy can never be forgiven or forgotten.”  (In an editorial in the paper’s November 1956 issue.)  I could continue with Statements made by Albert Camus, President Richard Nixon, Sir Leslie Munroe, Henry Kissinger, Leo Chern, Pablo Picasso, Nehru and I could read hundreds and hundreds of pages from the Congressional Record listing the praising remarks of hundreds and hundreds lawmakers uttered in the past 50 years. All the words were saved for posterity, everyone can find and savor them.  October 23, 1956 happened when two powerful ideas – tyrannical communism and the eternal human principles of democracy – met and clashed in the middle of Europe, in the small and defenseless Hungary. In this inherently uneven conflict blood was shed and lives were lost. Imre Nagy and his colleagues were arrested, tried and most of them along with countless Freedom Fighters were executed on June 16, 1958.  Since their death, the political and human challenge has been to find the rationale for their supreme sacrifice. This rationale is the indestructible dignity of every human being. By refusing to beg for his life, Imre Nagy repudiated his personal past for a more hopeful future of Hungary and the world at large.  The significance of his and countless other Hungarians’ sacrifice is etched onto the political map of the 21st century. The invented hope of the Hungarian Revolution is taking shape in the recent developments throughout the world. That is the real miracle of the events of 1956 and the subsequent human sacrifices of Imre Nagy and his fellow Freedom Fighters.  The Revolution was brutally and unavoidably defeated.  Why was the fate of the Revolution predetermined? Why did it happen so that when we in the last days of October and the early days of November in 1956 enthusiastically and full with hope sensing victory strolled the streets of Budapest and the cities and villages of Hungary not suspecting that our fate, independently from us, already has been determined. The deadly sentence was delivered by the powers of the world? And if it is so why was the verdict such as it was?  Even after 50 years there is still no answer.  The questions are not new. The lack of answer frustrated many historians, political scientists but none had the determination, the skill, the objectivity and patience to provide an authentic answer.  Robert Murphy, who, in the absence of Secretary of State John Foster Dulles from Washington, attended to the day to day business of the State Department during the Hungarian Revolution, summarized his frustration caused by not being able to find a satisfactory answer to Hungary’s demands in his autobiography, Diplomat Among Warriors, published in 1964 this way:  “In retrospect, world acceptance of the Russian aggression in Hungary is still incredible. For sheer perfidy and relentless suppression of a courageous people longing for their liberty, Hungary will always remain a classic symbol. Perhaps history will demonstrate that the free world could have intervened to give the Hungarians the liberty they sought, but none of us in the State department had the skill or the imagination to devise a way.”  This answer seems to be the most honest one.  Hungarians have fallen back in the Soviet yoke. But the nation persevered.  There are times when remembrance is the bravest action – declared Gyula Illyes the eminent Hungarian poet in the middle of the twentieth century. Today such times are present in Hungary. The time for bravery to remain faithful to the moral and political maxims of the Revolution. Bravery witnessed not against the tanks, soldiers and henchmen of the occupying empire, bravery not contesting a strange, inhuman ideology, but courage to face insensitivity, to confront and solve the problems of humdrum everyday life, the bravery necessary to assume the responsibility and sacrifice of building a truly modern country, which is democratic, committed to observe the rule of law and governed by the constitution. At the present this kind of bravery does not uniformly characterize all Hungarians.  Hungary was redeemed 35 years after the defeated Revolution. During that 35 years her plight to fulfill the demands of 1956 gained respect and support in the West. The courage, the intelligence, the determination and the skill of the Hungarian Democratic Opposition to engage a first bloodthirsty, later sophisticated dictatorship resulted in recognition of the opposition’s leaders as authoritative spokesman for the fulfillment of the desires of the Hungarian people. They were inspired by the spirit of the Revolution and adopted its maxims.  In the United States Presidents and ordinary citizens lined up in support behind the Democratic Opposition. The United States by publicly expressing support in words and in action provided protection for individuals and the whole community of the dissidents.  The U.S. Government published English translations of selected samizdat literature produced by opposition activists. Many volumes each with hundreds of pages of these were printed and distributed in the 70s and the 80s. A collection of these is deposited in the National Szechenyi Library in Budapest.  Information provided by the dissidents were used by the Hungarian Freedom Fighters Federation U.S.A. and the Coordinating Committee of Hungarian Organizations in North America in their countless testimonies before Congress, the U.S Commission on Security and Cooperation, and in numerous briefings presented in the White House and in the State and Defense Departments.  A longstanding issue between the Hungarian Communist Government and the Opposition, Hungarians abroad and more significantly the United States Government was the unwillingness of the Communist Government to identify the secret location of the graves in which the executed Freedom Fighters were buried. A campaign covering several decades by U.S. Presidents, Congressman, the Commission on Security and Cooperation, hundreds of leading public figures and civic organizations culminated in a letter sent on June 20, 1988, by Congressman Frank Horton, along with forty-three other Representatives urging Prime Minister Karoly Grosz of Hungary to comply with the many requests filed with the Hungarian Government in the past and allow the family members of the executed to have access to the body of their relatives. Responding in letter dated July 18, 1988 the Prime Minister wrote:  “My Government has the intention to settle this problem in a humane spirit in the near future, enabling the families to rebury the dead and to pay their tribute at the graves.”  The public ceremony of the reburial took place on June 16, 1989 in the presence of 200,000 grieving Hungarians. With this act the road opened to free parliamentary and local elections in 1990 and the formation of a free Government.  The demands of the Hungarian people were fulfilled. The building of a constitutional parliamentary democracy is under way.  In these days worrisome news comes from Hungary indicating that the road is not smooth. The diamond of twentieth century Hungarian history that was formed in 1956 under the stresses of the circumstances and in the fire burning in every Hungarian’s heart is being tested today in Hungary. False prophets, eager mouths, zealous hands driven by dark emotions attempt to pulverize this gem into powder of coal and then burn it into ashes and dross. They will not succeed. History and we will not let them to succeed.  On this 50th Anniversary when we remember and pay tribute to the ideals and heroes of 1956, we also affirm our deeply felt conviction that lasting freedom and democracy will not take hold in Hungary unless the precepts of the Revolution regarding resolute unity, sacrifice, human and political wisdom are practically and fully implemented. We call upon those who are responsible for Hungary’s welfare to heed to the principles for which so many died in 1956 and to whose memory we pay tribute today.  We pray that it will be so! Lord Hear our prayer… God bless Hungary…Isten aldd meg a magyart!   

  • The Sterilization Investigation in the Czech Republic

    This briefing addressed the policy pursued by the Czechoslovak Government during the 1970s and 1980s to reduce the birthrate of Roma by targeting some Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s, in both the Czech Republic and Slovakia. The Commission expressed concern over this issue, especially in light of the head of the Slovak Nationalist Party calling for the restriction of the birth rate of Roman as recently as February of 2006. Gwendolyn Albert, Director of the League of Human Rights in Prague, presented testimony on the League’s efforts to secure justice for ethnic Romani women living in the Czech Republic who were coercively sterilized. This issue was presented in the context of overall human rights violations committed against the Romani minority in the Czech Republic, ranging from racially motivated murder to discrimination in employment and housing.

  • Accountability and Impunity: Investigations Into Sterilization Without Informed Consent in the Czech Republic and Slovakia

    On December 23, 2005, the Czech Public Defender of Rights issued a report confirming that some Romani women had been sterilized without informed consent. His report constitutes an unflinching examination of several highly sensitive issues: the relationship between patients and doctors in the Czech Republic, the eugenics movement in Czechoslovakia, communist-era policies toward the Romani minority, and the question of whether the post-communist Czech Government brought a definitive end to the communist-era policy of targeting Romani women for sterilization. This report stands in stark contrast with Slovakia’s flawed investigation (completed in October 2003) of the same issue, which was marred by numerous shortcomings and insufficient follow-up. That inquiry prompted changes to the legal framework for sterilization in Slovakia which should help safeguard against the possibility that anyone will be sterilized without informed consent in the future. However, the Slovak Government’s investigation dismissed sterilizations without informed consent as merely “procedural shortcomings.” Moreover, the Slovak Government’s failure to acknowledge that wrongful sterilizations did, in fact, occur, contributes to the chasm of mistrust that divides Slovakia’s Romani and non-Romani citizens. Non-Roma have been misled by their government to believe that Roma falsely made accusations of egregious wrongs, and government institutions established to defend human rights have utterly failed to protect the rights of Roma. Download the full report to learn more. 

  • Helsinki Commission Report Describes Investigations Into Wrongful Sterilizations in Slovakia and Czech Republic

    A United States Helsinki Commission staff report released today describes investigations into the practice of sterilizing Romani women without informed consent in Slovakia and the Czech Republic. The report describes an investigation by the Czech Public Defender of Rights as an “unflinching examination” of “highly sensitive issues.” An investigation of the same issue by the Slovak Government was “marred by numerous shortcomings and insufficient follow up.” During the 1970s and 1980s, the Czechoslovak Government pursued a policy aimed at reducing the birthrate of Roma, including by targeting Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s in both the Czech Republic and Slovakia. Slovakia investigated allegations regarding sterilization in 2003, and questions continue to be raised about this matter at international fora. The Czech Public Defender of Rights issued a report on December 23, 2005, confirming that some women had been sterilized without informed consent. “I commend the Czech Public Defender of Rights for his courageous and principled investigation into this sensitive issue,” said Commission Chairman Senator Sam Brownback (R-KS), “and I call on the next Czech Government to move quickly to act on his recommendations.” “Unfortunately,” added Commission Co-Chairman Rep. Christopher H. Smith (R-NJ), “Slovakia has yet to admit that this terrible practice occurred, despite clear evidence to the contrary. I urge the Slovak Government to acknowledge that some Roma women were sterilized without their consent and to ensure that women are given proper access to their own medical records.” The report states, “[T]he Slovak Government has failed to demonstrate any compassion for women and girls who were sterilized without their consent and deprived of the opportunity to bear children again. By treating their claims as lies, the government has effectively treated these victims as liars, and compounded their original injury with this indignity. If the Slovak Government is to counter the endemic prejudice faced by its most marginalized minority, it must acknowledge the fact – and state it publicly – that wrongful sterilizations of Romani women did occur.” Recent parliamentary elections in Slovakia are cited in the report as a potential hindrance to progress on this issue. Slovak parliamentary elections were held on June 17, and those elections produced a coalition government that includes the extremist Slovak National Party. As recently as February 2006, Jan Slota, head of the Slovak National Party, stated that if his party joined the government after the June elections, he would seek to control the birth rate of “unadapted” Roma. The report is available through the Helsinki Commission's web site at www.csce.gov. The Commission will examine the issue in more detail during a briefing featuring Ms. Gwendolyn Albert, Director of the League of Human Rights in Prague, that will be held on August 15, 2006, at 2:00 PM in Room 2255 of the Rayburn House Office Building.

  • Tribute to Hungarian Victims of Communist Terror

    Mr. Speaker, a few days ago, President Bush traveled to Hungary to participate in events marking the 50th anniversary of the Hungarian Uprising. I commend the President for making this trip and for recognizing the sacrifices made on the streets of Budapest in the name of liberty and justice. Fifty years ago, at the height of the Cold War, Central Europe was a prisoner, and Moscow was its jailer. Confronted with overwhelming Soviet domination, the Hungarian response was to reaffirm the core values of democracy: individual freedom and national independence.  On October 23, 1956, these two powerful forces, tyrannical communism and the principles of democracy, met and clashed in the middle of Europe. Within the Soviet Empire, the 1956 Hungarian Revolution presented an alternative to a deceptively dangerous idea, the idea that the best solution to a war-ravaged world is to eliminate political, cultural, religious, economic and national differences by imposing a single, universal “truth.” This idea represented the incontestable dogma of communism. At the heart of the clash was Imre Nagy who assumed the post of Prime Minister even announced Hungary's intention to withdraw from the Warsaw Pact. But, when the Soviet Union crushed Hungary's bid for freedom during those day in October, Imre Nagy and his colleagues were arrested, convicted in secret trials, and eventually executed as “traitors” on June 16, 1958. To prevent the inevitable expressions of support for Nagy and what he stood for, he and the others executed with him were buried by the Moscow-backed regime in Budapest in unmarked graves. The significance of his and countless other Hungarians' sacrifice is etched onto the political map of the 21st century and echoed in the recent developments throughout the world. As President Bush observed, “the lesson of the Hungarian experience is clear: liberty can be delayed, but it cannot be denied.” That is the real moral of the events of 1956 and the subsequent human sacrifices of Imre Nagy and his fellow freedom fighters. As we remember and mourn those who gave their lives defending freedom those fifty years ago, I would like especially to remember the towering courage of a reluctant hero and a great Hungarian patriot, Imre Nagy.

  • The Human Rights Situation of Roma: Europe's Largest Ethnic Minority

    This briefing addressed the status of Roma, Europe’s largest minority and also one of its most marginalized. In particular, the causes and implications of the housing crisis facing Roma; the progress of efforts to end segregated education in the region; and the impact on Roma of rising populist and extremist movements were discussed.  Personal testimonies presented by the witnesses addressed the disproportionate levels of poverty, illiteracy, and unemployment that Roma face throughout the region, but also examined the current actions undertaken by Roma to gain control of their political destiny – including winning seats in the European Parliament and winning cases before the European Court on Human Rights.

  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice.  For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities.   Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.”  The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas:  education, employment, health, and housing.  In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans.  Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations.  Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries.  While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe.  This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom.  Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community.  The plight of Kosovo Roma remains a top priority for Romani activists across the region.  Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities.  A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas.  A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues.  In 1994, the OSCE held its first seminar on Romani human rights issues.  At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens.  On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow.  On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.”  There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Advancing the Human Dimension in the OSCE: The Role of the Office for Democratic Institutions and Human Rights

    This hearing, led by the Helsinki Chairman the Hon. the Hon. Sam Brownback, Co-Chairman the Hon. Christopher H. Smith Office, and ranking member the Hon. Alcee L. Hastings, examined the role that Democratic Institutions and Human Rights (ODIHR) has played over the last fifteen years. ODIHR’s role in advancing human rights and the development of democracy in the OSCE participating States was noted and agreed to be particularly important. ODIHR is engaged throughout Western Europe and the former Soviet Union in the fields of democratic development, human rights, tolerance and non-discrimination, and promotion of the rule of law and has set the international standard for election observation. Within the hearing, the challenges that ODIHR faces were examined, specifically those instigated by the Russian Federation, Belarus and a small minority of the OSCE participating states seeking to undermine the organization under the guise of reform.  ODIHR has earned an international reputation for its leadership, professionalism, and excellence in the area of election observation.  That being said, ODIHR’s mission is much broader, encompassing a wide range of human rights activities aimed at closing the gap between commitments on paper and the reality on the ground in signatory countries.    

  • Tools for Combating Anti-Semitism: Police Training and Holocaust Education

    The Helsinki Commission held a briefing on Holocaust education tools and law enforcement training programs undertaken by the Organization for Security and Cooperation in Europe. Co-Chairman Smith cited the vicious murder of Ilan Halimi as a reminder of the need to redouble efforts to combat anti-Semitism and to speak out when manifestations of related hatred occur.  The briefing highlighted specific programs which promote awareness of the Holocaust and provide law enforcement professionals with the tools to investigate and prosecute hate-inspired crimes.   Paul Goldenberg, a Special Advisor to ODIHR who designed the law enforcement training program which assists police to recognize and respond to hate crimes, stressed that law enforcement professionals must be recognized as an integral part of the solution.  Dr. Kathrin Meyer addressed the challenges presented by contemporary forms of anti-Semitism and highlights ways to address the subject in the classroom. Other witnesses – including Rabbi Andrew Baker, Director of International Jewish Affairs for the American Jewish Committee; Stacy Burdett, Associate Director of Government and National Affairs, Anti-Defamation League; and Liebe Geft, Director, Simon Wiesenthal Center’s Museum of Tolerance also presented testimony at this briefing.

  • Remarks on Passage of H.Res.578, Concerning the Government of Romania's Ban on Intercountry Adoptions and on the Welfare of Orphaned and Abandoned Children in Romania

    Mr. Speaker, H. Res. 578 expresses deep disappointment that the Romanian government has instituted a virtual ban on intercountry adoptions with serious implications for the well-being of orphaned and abandoned children in Romania.   Immediately after the December 1989 revolution, Mr. Speaker, which ousted the much-hated dictator Nicholae Ceausescu, the world learned that tens of thousands of underfed, neglected children were living in institutions, called orphanages, throughout Romania. A month after the fall of Ceausescu, Dorothy Taft, who is our deputy chief of staff at the Commission on Security and Cooperation in Europe, and I traveled to Bucharest and visited those orphanages. We also met with government officials and spoke about the hope for democracy in that country. But one of the most lasting impressions that I have from that trip is being in an orphanage in Bucharest, where dozens of children were lined up with no one to turn them, to change their diapers and, in some cases, even to feed them with the frequency that their little bodies required. It left a lasting impression upon me.   Sadly, all these years later, Mr. Speaker, Romania's child abandonment rate that we witnessed firsthand on that trip has not changed significantly over those years. As of December 2005, 76,509 children are currently in the child protection system.   While the Romanian government deserves at least some credit for reducing the number of children living in institutions from 100,000 to 28,000, this is only part of the picture. The government statistics do not include the abandoned infants living for years in maternity and pediatric hospitals, where donations from charities and individuals keep the children alive; and more than 40,000 of the children moved out of the institutions are living in nonpermanent settings or foster care, or with maternal assistance, paid by the government or with a distant relative who do not intend to adopt them, but do accept them for a stipend.   In the context of Romania's ascension to the European Union, unsubstantiated allegations have been made about the qualifications and motives for those who adopt internationally and the fate of those adopted children.   Intercountry adoption, Mr. Speaker, was falsely equated with child trafficking, and Romania faced relentless pressure to prohibit intercountry adoptions. Sadly, rather than focusing on the best interest of the children, Romanian policymakers acquiesced to the European Union's pressure, especially its rapporteur, Lady Emma Nicholson, by enacting a law in 2004 that banned intercountry adoption, except by biological grandparents. By foreclosing foreign adoptions, the laws codified the misguided proposition that a foster family, or even an institution, is preferable to an adoptive family outside of the child's country of birth.   Between 1990 and 2004, I would note, more than 8,000 Romanian children found permanent families in the United States and thousands more joined families in Western Europe and elsewhere. This possibility is now gone. Some Romanians and Europeans argue that this law, this misguided law, is somehow consistent with Hague Convention on the Intercountry Adoptions and the Rights of the Child Convention. They also allege that  “there is little scope, if any, for international adoptions in Romania because there are so few children who are legally adoptable.”   Mr. Speaker, the low numbers declared “legally adoptable” is not something to be proud of. It is a contrivance. Indeed, it is a denunciation of the child welfare system, which now places such an unrealistic priority on unification with blood relatives that it is nearly impossible to determine any child is adoptable, no matter how old and how long they have been in state care without contact with the blood relatives.   If more children were made available for adoption, there would be a great need for intercountry adoption. Barely a thousand children have ever been domestically adopted in Romania in any given year. As a result of the new laws, only 333 children were entrusted for domestic adoption last year.   For thousands of children abandoned annually in Romania, domestic or intercountry adoption offered the hope of a life outside of foster care or an institution. That hope has now been dashed and destroyed.   Last September, Mr. Speaker, I chaired a hearing of the Commission on Security and Cooperation in Europe at which Maura Harty, the Deputy Under Secretary of State, rebutted the argument that the adoption ban is somehow consistent with Romania's intercountry international treaty obligations. Likewise, our witnesses, including Dr. Dana Johnson, Director of the International Adoption Clinic and Neonatology Division at the University of Minnesota's Children's Hospital, testified that Romania's concentration on reunification of an abandoned child with his or her biological family is only superficially consistent with the U.N. Convention on the Rights of the Child.   He also talked about the deleterious effect of such waiting, being held in foster care and especially in institutions, has on a child's mental, as well as their physical health.   When Romania enacted its intercountry adoption ban, there were 211 pending cases in which children have been matched with adoptive parents in the United States. Approximately a thousand more have been matched with parents in Western Europe, Israel and Australia. In the past few weeks there have been unofficial reports that pending applications are being rejected across the board and the dossiers returned to the adoptive parents.   A document from the Romanian Office for Adoption acknowledged that fewer than 300 of these children have been placed in permanent situations, either returned to biological parents or adopted within Romania. The vast majority remain in limbo. This cannot be the last word of what we often call “the pipeline cases.”   The Romanian government repeatedly promised to analyze each pending case thoroughly, but the review that has supposedly been done was not transparent, was not done on a case-by-case basis, and was not conducted according to clear and valid criteria that is in the best interest of each individual child. These cases involve prospective families who have proven their good faith, by waiting for years for these children. Many cases involve children who will not be domestically adopted due to their special needs, medical or societal prejudices.   In at least three cases, Mr. Speaker, children are already living in the United States with their prospective adoptive parents while receiving life-saving medical treatment, including a child with spina bifida. These children were legally adoptable until Romania's new law took effect.   Let me say that when I introduced this resolution in November, I asked the question, who in the European Union will stand with Members of our Congress, to protect these defenseless children?   Today I am happy to say, members of the European Parliament are challenging the anti-adoption monopoly over this issue and that is encouraging. On December 15, the European Parliament urged Romania to act in the pending cases with the goal of allowing intercountry adoptions to take place where justified and appropriate. In March, the European Parliament's rapporteur for Romania's EU accession, Mr. Pierre Moscovici, reported that he notably differs on the issue of international adoption of Romanian children from the previous rapporteur, Baroness Emma Nicholson, whose virulent anti-adoption views that hurt the children of Romania are now very, very well known.   I applaud the European Parliament and I am glad that our parliament, this Congress, is poised to go on record very strongly in trying to resolve these pipeline cases.   In closing, I want again to thank Chairman Hyde and Ranking Member Lantos for their tremendous support for this resolution and the underlying issue of trying to encourage intercountry adoption in a country, Romania that has now, in a misguided fashion, turned their back on those children who could find loving, durable homes with the adoption option.   Let me also thank so many other people who were a part of this, but especially Maureen Walsh, who is our General Counsel for the Commission on Security and Cooperation in Europe, for her extraordinary expertise and work on the issue and this resolution. We have had an ongoing process, contacting the highest levels of the government of Romania, from the President on down. It has been ongoing. It has been frequent.   Our hearing that Ben Cardin and I put on last year I think brought all of these issues to the fore in a way that were very persuasive on the part of the pipeline families, as well as the issue itself. The intercountry adoption is a loving, compassionate option, and certainly is far better than languishing in an orphanage somewhere where the child is warehoused.   Mr. Speaker, so we call upon the Romanian government again to reverse its position, to cease its mucking under Lady Nicholson's pressure, which is now going into reverse. The European Union, as I said before, is showing clear signs that it concludes it has made a profound mistake.   I want to thank Mr. Cardin, who is our ranking member on the Commission on Security and Cooperation in Europe, who has been working on these issues side by side.  

  • European Court Rules in Critical Czech Desegregation Case; Equal Access to Education for Roma Remains Goal

    By Erika B. Schlager Counsel for International Law Summary In 1999, several Romani students from the Czech Republic brought a suit before the European Court on Human Rights alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated European human rights law.  On February 7, 2006, a seven-member Chamber of the Court held that the applicants failed to prove that their placement in “special schools” was the singular result of intentional racial discrimination.  The plaintiffs have 3 months to appeal to a 17-member Grand Chamber.  Elsewhere in Central and Southern Europe, Roma are also pursuing efforts to achieve equal access to education. Background During the Communist-era, many East European countries developed a practice of channeling Roma into schools for children with mental disabilities, called “special schools.”  Critics have argued that this practice constitutes, de facto, a form of segregating Roma into a separate and inferior school system. The Ostrava Case “Unsatisfactory performance of Gypsy children in Czech and Slovak schools is often “solved” by transferring the children to special schools for the mentally retarded. During the school year of 1970-71 in the Czech lands alone, about 20% of Gypsy children attended these special schools as against only 3% of children from the rest of the population. According to psychological tests the great majority of these children should not be in these schools. This indiscriminate transferring of Gypsy children to these special schools, which is the general practice, reflects unfavorably on the whole Gypsy population. A child who “graduates” from such a school has the same standing as a child who did not finish his basic schooling. Access to better employment opportunities is closed. Even art schools are closed to them, while persons with special musical talent - not uncommon among Gypsies - are shunned. Musical and dance groups are interested in these talented persons, however, they cannot employ them. “The main reason for the unsatisfactory performances of Gypsy children is the fact that there are no schools which teach Gypsy culture and try to develop it. The powers that be are, on the contrary, doing everything to suppress Gypsy culture and the media assists in this destruction by spreading lies, such as that Gypsy culture does not exist. Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

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