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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The global economic downturn continues to put extreme pressure on people and governments across the OSCE region.  To be sure, some countries have weathered the storm better than others.  Still, no country can be forever immune to market forces, and even within those that have done well, there are always citizens left behind.  This is certainly the case in the United States, and for this reason President Obama is focused intently on how best to put those Americans without a job back to work.  We all know that trade and investment are critical drivers of economic growth.  Indeed, recognizing this important reality, the Obama Administration has launched the National Export Initiative, which seeks to deepen our strategic trade relationships around the world, recognizing that 85 percent of world GDP growth will occur outside the United States in the coming few years.  As we encourage more American businesses – large and small – to embrace international trade, seek opportunities in new markets, and make strategic investments that will lead to increased global trade flows, we are keenly aware of the challenges and costs posed by official corruption, weak institutions, and lack of respect for property rights, including intellectual property. 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Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face.  Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally.  Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level.  At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.   In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few.  Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.   The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20.  In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law.  This principle is also embodied in international conventions.  Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society.  Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption.  The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.   The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide.  Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency.  I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall.  Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic.  We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.   Our work on business ethics has grown.  This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting.  The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem.  Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI).  We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank.  COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement.  I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.     Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region.  I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors.  These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions.   I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.  I want to close by suggesting some activities to take the theme of good governance and transparency forward.  In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative.  The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.   We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia.  In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization.  It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. 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  • Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation Meeting

    Economic and Environmental Dimension Implementation Meeting Opening Remarks On behalf of the United States, I would like to thank the Lithuanian Chairman-in-Office, Secretary General Zannier, Coordinator for Economic and Environmental Activities Svilanović, and of course our Austrian hosts for convening this inaugural Economic and Environmental Dimension Implementation Meeting and for providing a warm welcome to Vienna. It is an honor to be here today as head of the U.S. delegation to the OSCE, representing the U.S. Government in my capacity as an Assistant Secretary of Commerce for Market Access and Compliance (MAC) within the International Trade Administration, and as a Commissioner to the U.S. Helsinki Commission. As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the  commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing  to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on  empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.

  • Commemoration of the Anniversary of the Warsaw Uprising

    Mr. Speaker, as Chairman of the Helsinki Commission and Co-Chairman of the Poland Caucus, I have long been struck by the way in which history casts both long shadows and rays of light in Poland. I have had the privilege of traveling to Poland, one of America's closest allies, and was overwhelmed by the weight of history when I met with those who are building the Museum of the History of Poland's Jews. Institutions like this are not only critical for Poland's future generations, but for what all of us, around the world, can learn from Poland. Today, I rise today to commemorate the 67th anniversary of the Warsaw Uprising, a courageous act of defiance by the people of Poland against the brutal Nazi occupation during the Second World War. On August 1, 1944, the Polish Underground began its struggle to liberate Warsaw, to further weaken the collapsing German eastern front and to establish Polish sovereignty in response to the Red Army's advance to the city's outskirts. Despite the courage and fortitude of the Polish people, the Underground could not overcome the Nazis' determination to oversee the complete destruction of the Home Army and the city, bolstered by official orders and a directive that the massacre was to serve as a "terrifying example'' to Europe. More than 200,000 civilians and members of the Home Army were killed in Warsaw over a 63-day period. Between August 5 and August 8, the Nazis murdered more than 40,000 people--overwhelmingly civilians--in the Wola district of Warsaw alone. Survivors, describing the horror of the executions, told of the indiscriminate slaughter of thousands of women and children. Approximately 700,000 Warsaw residents were expelled from their homes and forced out of the city--many sent to death, labor, or POW camps. Hitler ordered that Warsaw should be razed to the ground; Heinrich Himmler declaring in the most chilling terms that Warsaw "must completely disappear from the surface of the earth.'' To that end, the Nazis systematically targeted buildings filled with deep meaning for the Poles, including cultural treasures, monuments, palaces, libraries, churches, and the Old Town. By the beginning of October, the Polish capitol was reduced to rubble--85 percent of the buildings in Warsaw had been destroyed. But from ashes come diamonds and, despite this barbaric campaign, the Polish desire for freedom and liberty could not be extinguished--not even by the decades of communist oppression which followed the end of the war. Such courage and resilience continues to define the Polish people. Today, Poland is a successful democracy and one of our strongest military allies. More to the point, Poland's leadership on issues related to democracy and human rights gives true meaning to the alliance concept of "shared values.'' Poland has tirelessly support democratic movements in Northern Africa and Eastern Europe, particularly in Tunisia, through democracy activists and transition experts, and Belarus. Poland has served as a regional force in the effort to encourage human rights and democracy in Belarus in the wake of the December 2010 post-election political crackdown, maintaining free media outlets that operate in Belarus and opening Polish universities to students expelled for pro-democracy activities. On July 1, Poland assumed the six-months rotating Presidency of the European Union. It can only strengthen our transatlantic alliance to have the EU led by a country that has accomplished so much over the past 20 years both political and economically. As it happens, Poland has one of the fastest growing economies in Europe and is the only EU country not faced with a recession amidst the global financial crisis. As chairman of the U.S. Helsinki Commission and co-chairman of the Congressional Poland Caucus, I commend Poland's leadership on democracy and human rights throughout the OSCE region and globally. Polish-American ties remain strong and steadfast because of such dedication to these common values. More than that, however, I have unwavering respect and admiration for the people of Poland, whose courage and determination in the face of so many historic tragedies--of which the Warsaw Massacre is only one example--is a source of continued inspiration.

  • Democracy at Risk in Hungary

    Mr. President, this week in Budapest there are two events of particular interest to Americans. First, Hungary has unveiled a statue of President Ronald Reagan in front of the U.S. Embassy in honor of his contribution to the goal of ending communist repression and commemorating the 100th anniversary of his birth. Second, Hungary dedicated the Lantos Institute, named after Tom Lantos, our former colleague from the House of Representatives who worked tirelessly to promote democracy and human rights in the country of his birth. Former Secretary of State Condoleezza Rice and Secretary of State Clinton have represented the United States at these respective events. These gestures shine a light on Hungary's historic transformation as well as the close bonds between our two countries. Unfortunately, other developments in Hungary have cast a dark shadow over what should otherwise be happy occasions. Last year, Hungary held elections in which a right-of-center party, FIDESZ, won a landslide, sweeping out eight years of socialist government rejected by many voters as scandal ridden and inept. With FIDESZ winning 52 percent of the vote, Hungary has the distinction of being the only country in Central Europe since the 1989 transformations where a single party has won an outright majority--not necessarily a bad thing, especially in a region where many governments are periodically hobbled by factionalism. Those elections were also notable because more than 850,000 Hungarians--16 percent of the vote--cast their ballots for Jobbik, an anti-Semitic, anti-Roma, irredentist party. While Jobbik is an opposition party, it has clearly and negatively influenced public policy discourse. Under Hungary's electoral system, FIDESZ's 52 percent of the vote has translated into a two-thirds majority of the seats in parliament. The government of Prime Minister Viktor Orban has used that supermajority to push through one controversial initiative after another. One initiative that has generated particularly sharp criticism is Hungary's new media law. The OSCE Representative on Freedom of the Media warned it could be used to silence critical media and public debate, it overly concentrates power in regulatory authorities, and it harms media freedom. In Ukraine, where democracy has put down only shallow roots, the Kyiv Post editorialized that "Hungary's media law should not come here.'' Another area of concern stems from the government's fixation on ethnic Hungarian identity and lost empire in ways that can only be seen as unfriendly by other countries in the region. One of the government's first acts was to amend Hungary's citizenship law to facilitate the acquisition of Hungarian citizenship by ethnic Hungarians in other countries--primarily Romania, Serbia, Slovakia, and Ukraine. This expansion of citizenship was pushed through even though, in a 2001 statement submitted to the Council of Europe, the Hungarian Government firmly renounced all aspirations for dual citizenship for ethnic Hungarians. In a further escalation of provocative posturing, a few weeks ago Speaker of the Hungarian Parliament Laszlo Kovar said that military force to change the borders with Slovakia--a NATO ally--would have been justified and, in any case, he added, the ethnic Hungarians in Slovakia are "ours.'' If one side of the nationalism coin is an excessive fixation on Hungarian ethnic identity beyond the borders, the other side is intolerance toward minorities at home. For example, one increasingly hears the argument, including from government officials, that while the Holocaust was a 20th-century tragedy for Jews, the worst tragedy for Hungarians was the 1920 Treaty of Trianon--the treaty that established the borders for the countries emerging from the defeated Austro-Hungarian Empire. This comparison is offensive and disturbing. Ethnic Hungarians were never targeted for extermination or subjected to mass murder by Trianon. Moreover, this line of argument presents Hungarians and Jews as mutually exclusive. But more than 400,000 Jews were sent from Hungary to Auschwitz, and more than 10,000 Jews were shot along the banks of the Danube--were they not also Hungarian? How could this not be a tragedy for Hungary? The government has also used its supermajority to adopt a completely new Constitution which has been reviewed by the Council of Europe's Venice Commission on Democracy through Law, a body of judicial experts. The Venice Commission expressed particular concern with the requirement that numerous issues can now only be addressed through supermajority or so-called cardinal laws. In other words, "The more policy issues are transferred beyond the powers of simple majority, the less significance will future elections have and the more possibilities does a two-thirds majority have of cementing its political preferences and the country's legal order.'' In short, the Commission concluded, "the principle of democracy itself is at risk.'' This combines, by the way, with a court-packing scheme--the expansion of the size of the Constitutional Court from 11 to 15--and a reduction of the retirement age for ordinary judges from 70 to 62, which will reportedly mean 10 percent of all judges will be replaced. To make exactly clear what he has intended with these reforms, Prime Minister Orban declared that he wants to tie the hands not only of the next government, but of the next 10 governments--that is, future Hungarian governments for the next 40 years. It is no wonder then that in Freedom House's latest "Nations in Transit'' survey, released this week, Hungary had declined in ratings for civil society, independent media, national democratic governance, and judicial framework and independence. Ironically, just as attention shifts to the tantalizing possibility of democratic reform in the Middle East, the red flags in Budapest keep multiplying: Transparency International has warned that transferring the power to appoint the Ombudsman from the parliament to the president means that he or she will not be independent of the executive. NGOs have warned that a new draft religion law may result in a number of religions losing their registration. Restrictions by Hungarian authorities on pro-Tibet demonstrations during last week's visit to Budapest of the Chinese Premier were seen as an unnecessary and heavy-handed limitation of a fundamental liberty. Plans to recall soldiers and police from retirement so that they may oversee Romani work battalions have predictably caused alarm. In 1989, Hungary stood as an inspiration for democracy and human rights advocates around the globe. Today, I am deeply troubled by the trends there. I understand that it sometimes takes new governments time to find their bearings, and I hope that we will see some adjustments in Budapest. But in the meantime, I hope that other countries looking for transformative examples will steer clear of this Hungarian model.

  • 2050: Implications of Demographic Trends in the OSCE Region

    The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions.  Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.

  • Remembering Katyn

    Mr. President, I rise today to commemorate the lives lost in last year's plane crash near Smolensk that killed Polish President Lech Kaczynski, his wife Maria, and 94 others who represented the political, cultural, and religious leadership of Poland. Words alone offer little solace before such awesome tragedy, which is one of the reasons people must gather together before monuments and flowers to add a tangible dimension to our shapeless grief. While eloquent remarks can move the heart, we all know a smile, a gaze, or an embrace can often do more to bring comfort to the sorrowful.  Katyn has become a tragedy in three acts--the crime, the cover-up, and now the crash. Surely it is fitting for us to meet, comfort each other, and remember those who died. But what lies beyond our tears? Can good come from this evil?  For the loved ones of those 96 souls who perished nearly a year ago, they must take comfort in knowing that the final act of their beloved was a noble one--that of remembering those martyrs whom Stalin and his henchmen sought to erase from Poland and, indeed, from history.  As Stanislaw Kot, Poland's wartime Ambassador to Moscow, said, "People are not like steam; they cannot evaporate.'' He was right and it is written, ``Your brother's blood cries out to me from the ground!'' In a haunting twist of fate, a hungry wolf in the Russian winter would scratch at the snow and uncover the hastily buried bones of Poland's best and brightest. And the truth about this unspeakable crime would one day be known.  We have come a long way--a very long way--from the time when this atrocity was falsely presented as a Nazi crime and from the time when the names of the dead could only be circulated in communist Poland in the form of samizdat publications and whispered around kitchen tables.  Nevertheless, there is still more that must be done to set the record straight. This involves insuring that all the evidence relating to the execution sites, the executioners' identities, the motives for the crime, and the fate of so many Polish families who vanished on the Siberian steppe are publicly available. We must ensure that the fullness of the truth is uncovered and shared for its own sake and for closure. To that end, I welcome recent news of the Kremlin's release of still more documents relating to the massacre.  Further, I believe that finally coming to terms with Katyn is a necessary precondition for a durable Polish-Russian rapprochement, which is itself good insurance for maintaining a Europe, whole, free, and at peace.  Next week Presidents Komorowski and Medvedev will meet before the mass graves at Katyn and, I trust, will continue a dialogue of healing between two great nations that have suffered so much from the elevation of an ideology over a people. I wish them well in their talks and ongoing mission of reconciliation and believe that the only lasting balm for this wound lies in the heart and not in a courtroom or even a legislature.  This is not to say that charges or claims should not be pursued, but to recognize that, in many cases, such actions will fall short and offer little by way of consolation.  It would be most unfortunate for the memory of Katyn to be debased by ideologues of any ilk who would usurp this sacred memory for partisan projects. For too long the truth about Katyn was denied by those on the left who turned a blind eye to the reality of communism and many on the right seemed to view Katyn as just another issue to be exploited in the struggle of ideologies. People and their memory are an end, in and of themselves, and must never be used as a means to advance even a just cause. The only decent relationship to them is that of love and remembrance--our dignity and theirs demands nothing less.  My sincere hope is that Poland and Russia can do better than some countries that have fought bitter diplomatic battles and enacted laws to force or deny recognition of historic crimes. By honestly evaluating a shared past of suffering, Poles and Russians have a real opportunity to build a shared future of friendship and prosperity.  Poland is now free and her traditions support the forgiveness that offers a path out of the valley of this shadow of death. In so many ways, Poland is, and must remain, a light to those nearby who still live in the darkness of oppression and lies.  As we continue to ponder the devastation of last year's catastrophe, I would like to close by putting a couple faces on our sadness; those of Mariusz Handzlik and Andrzej Przewoznik, who both died in last year's crash.  Mariusz was a diplomat and father of three. He was well known and well liked in Washington from the years he spent assigned to the Embassy of Poland. In 2000, he played a fateful game of chess with Polish war hero and Righteous Gentile Jan Karski who narrowly escaped "liquidation'' at Katyn. Karski would die in a Washington hospital and Handzlik in a gloomy Russian forest.  Andrzej was a historian, a husband, and father of two. He was the principal organizer behind the conference I cohosted as Chairman of the U.S. Helsinki Commission last year at the Library of Congress to mark the 70th anniversary of the Katyn Forest Massacre. Andrzej hoped to spend time at our National Archives sifting through the papers of the Madden Committee and other relevant U.S. Government documents on Katyn.  The memories of Mariusz, Andrzej, and so many other truly exceptional people on that doomed flight offer much by way of virtue and accomplishment that will inspire Poles for generations to come. Let us take comfort in the truth that is, at last, known and bask in the warmth of heroic memories and do this together with our Polish friends who are second to no one in their love of freedom.

  • Attacks in Hungary and the Czech Republic

    Mr. President, as co-chairman of the U.S. Helsinki Commission, I wanted to bring to the Senate's attention that next week, February 23, will mark a tragic anniversary. Two years ago on that date, assassins gathered outside the home of Robert Csorba. They threw a Molotov cocktail into the house. Although some family members escaped the blaze, five-year-old Robert Csorba and his father did not: as they tried to flee the flames, their attackers riddled them with bullets. The murderers were prepared: if the bomb did not finish them off, their guns would. They were prepared to kill men, women, and children. The Csorbas were just two of the victims in a wave of racially motivated attacks against Roma that has roiled Hungary. According to the European Roma Rights Center, between January 2008 and July 2010 there were at least two dozen cases where Molotov cocktails, hand grenades or sniper fire were used. The victims included nine fatalities, including two children, and others who were seriously injured. Among them was the 13-year-old daughter of Maria Balogh. Ms. Balogh was murdered when snipers shot into her home in the middle of the night on August 3, 2009, killing her and leaving her daughter an orphan. Her daughter was also grievously wounded: she was shot in the face, blinded in one eye, and maimed for life. It is no wonder that these attacks led one Romani activist to declare that Roma would need to arm themselves or flee, and another asserted that if these attacks continued, Hungary would be headed toward civil war. There are some positive developments. The fatal attacks have stopped. Hungary's new government has reached out to the victims to provide support for rebuilding homes that were damaged or destroyed in arson attacks. Hungary's new Minister for Social Inclusion, Zolton Balog, has demonstrated a rare and welcome compassion for his Romani fellow citizens. But the wounded and the dead still wait for justice in Hungary. Although four men have been arrested on suspicion of carrying out the serial killings of Roma that occurred in 2008 and 2009, there have been no trials and no convictions. The Czech Republic has also seen a dramatic rise in anti-Roma rhetoric and violent actions in the past few years. Last October, I joined Helsinki Commission cochairman, Alcee Hastings in welcoming the lengthy sentences handed down in the Czech Republic to four neo-Nazis who firebombed a Romani home in 2009, an act which left an infant, widely known simply as ``Baby Natalka,'' with second and third degree burns over 80 percent of her body and a lifetime of painful rehabilitation ahead of her. When that judgment was handed down against the four men who firebombed Baby Natalka, I was heartened. I also said I was watching another Czech case--one that is largely unknown. On November 8, 2008, a roving mob attacked several Roma in the town of Havirov. One teenager was so savagely beaten, he was effectively left for dead. For a prolonged period of time afterwards, he was in a coma, and when he regained consciousness, he was unable to talk. Although he has learned to speak again, he has suffered permanent brain damage. He is paralyzed, was forced to end his studies, and may never be able to work. A decision in the case is expected to be announced in the Ostrava regional court at 8:30 a.m. on February 24. Behind the high profile murder cases of Roma that make their way into the news, there is an even larger number of cases involving Roma who have been attacked, but not fatally; they do not die but are maimed, disabled, and traumatized for life by the racially motivated violence they have encountered. Their stories are often never told, but each of them stands as a living monument to everyone in their families and everyone in their communities, testifying to the government's failure to protect them. Each of them deserves justice, including Jaroslav Horvath, the teenager attacked in Havirov.  

  • Year in Review: 2010 Supplementary Human Dimension Meetings

    By Janice Helwig and Mischa Thompson, Policy Advisors Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society. The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included: A February 9-10 expert workshop in Mongolia on trafficking; A March 19 hate crimes and the Internet meeting in Warsaw; A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document; A (now annual) trafficking meeting on June 17-18; and A high-level conference on tolerance June 29-30 in Astana. The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana). Promotion of Gender Balance and Participation of Women in Political and Public Life The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais. The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics. Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.) A few participants raised more specific concerns. For example, an NGO representative from Turkey spoke about the ban on headscarves imposed by several countries, particularly in government buildings and schools. She said that banning headscarves actually isolates Muslim women and makes it even harder for them to participate in politics and public life. NGOs from Tajikistan voiced their strong support for the network of Women’s Resource Centers, which has been organized under OSCE auspices. The centers provide services such as legal assistance, education, literacy classes, and protection from domestic violence. Unfortunately, however, they are short of funding. NGO representatives also described many obstacles that women face in Tajikistan’s traditionally male-oriented society. For example, few women voted in the February 2010 parliamentary elections because their husbands or fathers voted for them. Women were included on party candidate lists, but only at the bottom of the list. They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce. The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. Education of Persons belonging to National Minorities: Integration and Equality The OSCE held its second SHDM of 2010 on July 22-23 in Vienna, Austria, focused on the "Education of Persons belonging to National Minorities: Integration and Equality." Charles P. Rose, General Counsel for the U.S. Department of Education, participated as an expert member of the U.S. delegation. The meeting was opened by speeches from the OSCE High Commissioner on National Minorities Knut Vollebaek and Dr. Alan Phillips, former President of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities. Three sessions discussed facilitating integrated education in schools, access to higher education, and adult education. Most participants stressed the importance of minority access to strong primary and secondary education as the best means to improve access to higher education. The lightly attended meeting focused largely on Roma education. OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma. The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. Among others, Azerbaijan, Belarus, Georgia, Greece, and Armenia gave glowing reports of their minority language education programs. Most participating States who spoke strongly supported the work of the OSCE High Commissioner on National Minorities on minority education, and called for more regional seminars on the subject. Unfortunately, some of the presentations illustrated misunderstandings and prejudices rather than best practices. For example, Italy referred to its "Roma problem" and sweepingly declared that Roma "must be convinced to enroll in school." Moreover, the government was working on guidelines to deal with "this type of foreign student," implying that all Roma are not Italian citizens. Several Roma NGO representatives complained bitterly after the session about the Italian statement. Romani NGOs also discussed the need to remove systemic obstacles in the school systems which impede Romani access to education and to incorporate more Romani language programs. The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs. Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors. Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates. As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. OSCE Maintains Religious Freedom Focus Building on the July 9-10, 2009, SHDM on Freedom of Religion or Belief, on December 9-10, 2010, the OSCE held a SHDM on Freedom of Religion or Belief at the OSCE Headquarters in Vienna, Austria. Despite concerns about participation following the December 1-2 OSCE Summit in Astana, Kazakhstan, the meeting was well attended. Representatives of more than forty-two participating States and Mediterranean Partners and one hundred civil society members participated. The 2010 meeting was divided into three sessions focused on 1) Emerging Issues and Challenges, 2) Religious Education, and 3) Religious Symbols and Expressions. Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See. Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms. Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems. In response to concerns raised by participants that free speech protections and other human rights often seemed to outweigh the right to religious freedom especially amidst criticisms of specific religions, UN Special Rapporteur Bielefeldt warned against playing equality, free speech, religious freedom, and other human rights against one another given that all rights were integral to and could not exist without the other. Addressing ongoing discussion within the OSCE as to whether religious freedom should best be addressed as a human rights or tolerance issue, OSCE Director Lenarcic stated that, “though promoting tolerance is a worthwhile undertaking, it cannot substitute for ensuring freedom of religion of belief. An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.” Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. Notably, the United States was one of few participating States to call for increased action against anti-Semitic acts such as recent attacks on Synagogues and Jewish gravesites in the OSCE region. (The U.S. statements from the 2010 Review Conference and High-Level Conference can be found on the website of the U.S. Mission to the OSCE.) In addition to the formal meeting, four side events and a pre-SHDM Seminar for civil society were held. The side events were: “Pluralism, Relativism and the Rule of Law,” “Broken Promises – Freedom of religion or belief in Kazakhstan,” “First Release and Presentation of a Five-Year Report on Intolerance and Discrimination Against Christians in Europe” and “The Spanish school subject ‘Education for Citizenship:’ an assault on freedom of education, conscience and religion.” The side event on Kazakhstan convened by the Norwegian Helsinki Committee featured speakers from Forum 18 and Kazakhstan, including a representative from the CiO. Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.) A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.

  • The Western Balkans: Developments in 2010 and Hopes for the Future

    This hearing focused on the Western Balkans: Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia. The witnesses commended the enormous progress that the region has made in the 15 years since the Dayton Agreement ended the Bosnian conflict and in the decade since Milosevic was ousted in Belgrade. The hearing discussed E.U. visa liberalization and U.S. democracy-building assistance programs to support further progress in the region. The Commissioners proposed that the U.S. government prioritize continuing the democratization effort in the Balkans.

  • U.S. Commission Denounces France's Roma Evictions

    An independent US commission of elected officials that monitors human rights in Europe denounced Wednesday the controversial forced deportations of Roma from France to Romania and Bulgaria. "The situation of Roma in Europe will not be fixed by playing a shell game with them," said Florida Democratic representative Alcee Hastings, co-chairman of from the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. "I perceive such actions as wrong-headed political maneuvers, particularly the discriminatory policy of targeting Roma for expulsion," Hastings added, saying that France and other countries "should focus on integrating Roma where they are." French President Nicolas Sarkozy and his administration have been under fire for weeks, and now face possible legal action from the European Union for a policy of deporting members of the traveling communities. The French government has in recent months expelled thousands of Roma, whom the government accuses of acts of criminality, including aggressive begging and theft. "Minority communities are part of a larger fabric of society and we are all put at risk when those who seek to divide for political gain are allowed to take the lead," Hastings said in commission statement to Congress, at a hearing on the situation facing minorities in France. French Ambassador Pierre Vimont insisted to US lawmakers however that there was "nothing like a collective action against this so called community," referring to the Roma. The French government, he said, was "taking measures against individual citizens that are creating a problem relating mostly to public order." France has charged that one in five thefts in the Paris area was carried out by a citizen of Romania, noting that many Romanians in Paris are from the Roma minority. France has deported some 1,000 Roma migrants to Bulgaria and Romania since last month, and more than 8,000 Roma have been deported since the beginning of the year, after 9,875 were expelled in 2009.

  • Anti-Roma Actions Erupt in France, Europe

    Madam Speaker, I rise today to address the comments made by French President Nikolas Sarkozy that have caused quite the media flurry in the past few weeks. On July 16, French police shot and killed a Romani man when he apparently tried to run a roadblock. This shooting sparked two days of rioting by some 50 members of his community damaging the local police station and private property. In a story that has now been covered by the media from Vancouver to Moscow, French President Sarkozy subsequently announced that he would look into ``the problems created by the behavior of certain travelers and Roma,'' with a view toward the closing down Romani camps and driving out Roma. Government statements have indicated these measures would focus on finding and expelling Romani citizens from Bulgaria and Romania--two European Union countries. Despite the fact that the Romani man in the July 16 incident was actually a French citizen--Mr. Sarzkozy later spoke of stripping citizenship from nationalized French citizens convicted of serious offenses. Not surprisingly, human rights groups have condemned the President's remarks with one voice. Council of Europe Human Rights Commissioner Thomas Hammarberg rejected the notion of holding Romani people collectively responsible if one among them commits a crime. Good for you, Mr. Hammarberg. (It is a shame that the European Union has been so utterly silent and paralyzed in the face of this downward spiral.) Many of the reports and analyses of these events, such as last Friday's editorial in the New York Times, rightly placed these developments in the context of French politics and President Sarkozy's political imperatives. Understanding the current political dynamic in France, particularly the ongoing debate over ``national identity'' and the situation of Muslim and African-origin minorities in France, is extremely helpful in understanding the President's expansion into anti -Roma mudslinging. But there is a wider, broader European context for his remarks that I think must be addressed. French Interior Minister Brice Hortefeux has stated that the new measures targeting Romani camps are not aimed at ``stigmatizing a community'' but rather at stopping illegal activity. This sounds remarkably like the rhetoric of Hungary's far right wing party, Jobbik, which claims it is not against ``Gypsies,'' just ``Gypsy crimes.'' In fact, rhetoric linking Roma to criminal activity or broadly portraying Roma as criminals--traffickers, prostitutes, thieves, and so forth--is pervasive throughout Europe. In early July, in the wake of a mass expulsion of Roma from Copenhagen, Danish Minister of Justice reportedly made remarks tying Romani culture to criminal behavior. Romania's foreign minister remarked in February about ``the natural physiology of Roma criminality.'' For two years now, Italy has been gripped by anti -Roma policies, included targeting Roma for fingerprinting, that are built on a perception of the Roma as criminals. The idea of Romani people as inherently criminal is not new. In fact, it was at the very center of Nazi racial theories regarding Roma. According to these theories, Roma --as descendants of an Aryan people--we're just fine on their own. But Nazi racial hygienists concluded that, as a result of intermarriage between Roma and non-Roma, Roma had been left with mixed, ``degenerate'' blood and were genetically predisposed to criminality. Moreover, Roma were ``unadaptable''--that is, this condition could never be changed. These Nazi racial theories provided the rationale for the sterilization, persecution, and eventual extermination of Roma. Unfortunately, as Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has observed, ``Even after the..... Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.'' In other words, Nazi racial theories regarding Roma remain remarkably entrenched and are regularly given voice in the rhetoric about ``Romani crime.'' Madam Speaker, last year Senator Cardin and I, as Chairman and Cochairman of the Helsinki Commission, wrote to Secretary Clinton regarding the situation of Roma in Europe. In particular, we noted that ``racist rhetoric directed against Roma today often uses terminology or images that have been in continuous use since the Nazi era,'' and we argued that teaching about Romani experiences during the Holocaust is essential to successfully combat prejudice against Roma today. Perhaps this could start in France. 

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • A Decade of the Trafficking in Persons Report

    Senator Benjamin L. Cardin convened a standing-room only hearing centered on the diplomatic impact of the Trafficking in Persons (TIP) Report.  The hearing focused on the ten years that the annual TIP report has been prepared by the State Department. Improvements to TIP-related efforts were suggested, such as working more closely with the Tier 2 Watch List countries in the OSCE Region, – Azerbaijan, Moldova, the Russian Federation, Tajikistan, Turkmenistan, and Uzbekistan – helping them to implement the changes necessary to meet the minimum standards and to avoid statutory downgrades which will otherwise be required in next year’s TIP report. Witnesses testifying at this hearing – including Luis CdeBaca, Ambassador at Large of the U.S. Department of State Office to Monitor and Combat Trafficking in Persons; Maria Grazia Giammarinaro, Special Representative and Coordinator for Combating Trafficking in Human Beings of the Organization for Security and Cooperation in Europe; Jolene Smith, CEO & Co-Founder of Free the Slaves; and Holly J. Burkhalter, Vice President for Government Relations of the International Justice Mission – explored ways to potentially create extra-territorial jurisdiction for trafficking cases.  They also focused on ways to deter demand for trafficking victims in all countries, including Tier 1 countries.

  • Global Threats, European Security and Parliamentary Cooperation

    From nuclear security to climate change, global terrorism to anti-corruption efforts, this hearing examined what parliamentarians can do to work together on some of the most significant challenges facing the world. Members addressed European and Central Asian security concerns, including unresolved conflicts in the Balkans and elsewhere, and considered how international parliaments can cooperate to address challenges related to trafficking, tolerance, and democratic development, including elections and media freedom.

  • OSCE Representative Cites Threats to Free Media

    Mr. HASTINGS of Florida. Madam Speaker, as Co-Chairman of the Helsinki Commission, I wish to draw the attention of colleagues to the timely and informative testimony of the OSCE Representative on Freedom of the Media, Dunja Mijatovic, who testified earlier today at a Commission hearing on ``Threats to Free Media in the OSCE Region.'' She focused on various threats to journalists and independent media outlets, including physical attacks and adoption of repressive laws on the media as well as other forms of harassment. Most troubling is the murder of journalists because of their professional activities. According to the U.S.-based Committee to Protect Journalists, 52 journalists have been killed in Russia alone since 1992, many reporting on corruption or human rights violations. Ms. Mijatovic also flagged particular concern over existing and emerging threats to freedom on the Internet and other communications technologies. She also voiced concern over the use of criminal statutes on defamation, libel and insult which are used by some OSCE countries to silence journalists or force the closure of media outlets. With respect to the situation in the United States, she urged adoption of a shield law at the federal level to create a journalists' privilege for federal proceedings. Such a provision was part of the Free Flow of Information Act of 2009, which passed the House early in the Congress and awaits consideration by the full Senate.  As one who has worked to promote democracy, human rights and the rule of law in the 56 countries that comprise the OSCE, I share many of the concerns raised by Ms. Mijatovic in her testimony and commend them to colleagues.    ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE REPRESENTATIVE ON FREEDOM OF THE MEDIA  (By Dunja Mijatovic) [From the Helsinki Commission Hearing on the Threats to Free Media in the OSCE Region, June 9, 2010]  Dear Chairmen, Distinguished Commissioners, Ladies and Gentlemen,  I am honored to be invited to this hearing before the Helsinki Commission at the very beginning of my mandate. I feel privileged to speak before you today. The Helsinki Commission's welcoming statement issued on the day of my appointment is a clear manifestation of the strong support you continuously show toward the work of this unique Office, and I assure you, distinguished Commissioners, that this fact is very much appreciated.  It will be three months tomorrow since I took office as the new Representative on Freedom of the Media to the OSCE. Even though three months may sound short, it has proved more than enough to gain a deep insight, and unfortunately also voice concerns, about the decline of media freedom in many of the 56 countries that today constitute the OSCE.  Although the challenges and dangers that journalists face in our countries may differ from region to region, one sad fact holds true everywhere: The freedom to express ourselves is questioned and challenged from many sides. Some of these challenges are blatant, others concealed; some of them follow traditional methods to silence free speech and critical voices, some use new technologies to suppress and restrict the free flow of information and media pluralism; and far too many result in physical harassment and deadly violence against journalists.  Today, I would like to draw your attention to the constant struggle of so many institutions and NGOs around the world, including your Commission and my Institution, to combat and ultimately stop violence against journalists. I would also like to address several other challenges that I want to place in the center of my professional activities, each of which I intend to improve by relentlessly using the public voice I am now given at the OSCE.  Let me first start with violence against journalists.  Ever since it was created in 1997, my Office has been raising attention to the alarming increase of violent attacks against journalists. Not only is the high number of violent attacks against journalists a cause for concern. Equally alarming is the authorities' far too-prevalent willingness to classify many of the murders as unrelated to the journalists' professional activities. We also see that more and more often critical speech is being punished with questionable charges brought against the journalists.  Impunity of perpetrators and the responsible authorities' passivity in investigating and failing to publicly condemn these murders breeds further violence. There are numerous cases that need to be raised over and over again. We need to continue to loudly repeat the names of these courageous individuals who lost their lives for the words they have written. I am sorry for all those whom I will not mention today; but the names that follow are on the list that I call ``the Hall of Shame'' of those governments that still have not brought to justice the perpetrators of the horrifying murders that happened in their countries.  The most recent murder of a journalist in the OSCE area is the one of the Kyrgyz opposition journalist Gennady Pavlyuk (Bely Parokhod), who was killed in Kazakhstan in December last year. It gives me hope that the new Interim Government of Kyrgyzstan has announced to save no efforts to bring the perpetrators to justice, as well as those involved in the 2007 murder of Alisher Saipov (Siyosat).  The Russian Federation remains the OSCE participating State where most members of the media are killed. Paul Klebnikov (Forbes, Russia), Anna Politkovskaya (Novaya Gazeta), Anastasia Baburova (Novaya Gazeta), are the most reported about, but let us also remember Magomed Yevloyev (Ingushetiya), Ivan Safronov (Kommersant), Yury Shchekochikhin (Novaya Gazeta), Igor Domnikov (Novaya Gazeta), Vladislav Listyev (ORT), Dmitry Kholodov (Moskovsky Komsomolets) and many others.  We also should not forget the brutal murders of the following journalists, some remain unresolved today:  Hrant Dink (Agos) Armenian Turkish journalist was shot in 2007 in Turkey.  Elmar Huseynov (Monitor) was murdered in 2005 in Azerbaijan.  Georgy Gongadze (Ukrainskaya Pravda) was killed in 2000 in Ukraine.  In Serbia, Slavko Curuvija (Dnevni Telegrat) was murdered in 1999, and Milan Pantic (Vecernje Novosti) was killed in 2001.  In Montenegro, Dusko Jovanovic (Dan), was shot dead in 2004.  In Croatia, Ivo Pukanic (Nacional) and his marketing director, Niko Franjic, were killed by a car bomb in 2008.  Violence against journalists equals violence against society and democracy, and it should be met with harsh condemnation and prosecution of the perpetrators. There can be no improvement without an overhaul of the very apparatus of prosecution and law enforcement, starting from the very top of the Government pyramid.  There is no true press freedom as long as journalists have to fear for their lives while performing their work. The OSCE commitments oblige all participating States to provide safety to these journalists, and I will do my best to pursue this goal with the mandate I am given and with all professional tools at my disposal.  We also observe another very worrying trend; more and more often the imprisonment of critical journalists based on political motivations including fabricated charges. Let me mention some cases:  In Azerbaijan, the prominent editor-in-chief of the now-closed independent Russian-language weekly, Realny Azerbaijan, and Azeri-language daily, Gundalik Azarbaycan, Eynulla Fatullayev was sentenced in 2007 to a cumulative eight-and-a-half years in prison on charges on defamation, incitement of ethnic hatred, terrorism and tax evasion. The European Court of Human Rights (ECtHR) found Azerbaijan in violation of Article 10 and Article 6, paragraphs 1 and 2 of the European Convention on Human Rights, so there is only one possible outcome--Fatullayev should be immediately released.  In Kazakhstan, Ramazan Yesergepov, the editor of Alma-Ata Info, is serving a three-year prison term on charges of disclosing state secrets.  Emin Milli and Adnan Hajizade, bloggers from Azerbaijan, are serving two and a half years and two years in prison respectively since July 2009 on charges of hooliganism and infliction of light bodily injuries.  In Uzbekistan, two independent journalists, Dilmurod Saiid (a freelancer) and Solijon Abdurahmanov (Uznews), are currently serving long jail sentences (twelve-and-a-half-years and ten years) on charges of extortion and drug possession.  I will continue to raise my voice and demand the immediate release of media workers imprisoned for their critical work.  I join Chairman Cardin for commending independent journalists in the Helsinki Commission's recent statement on World Press Freedom Day. These professionals pursue truth wherever it may lead them, often at great personal risk. They indeed play a crucial and indispensable role in advancing democracy and human rights. By highlighting these murder and imprisonment cases, by no means do I intend to neglect other forms of harassment or intimidation that also have a threatening effect on journalists. Let me just recall that, with the heightened security concerns in the last decade, police and prosecutors have increasingly raided editorial offices, journalists' homes, or seized their equipment to find leaks that were perceived as security threats. Suppression and restriction of Internet Freedom  Turning to the problems facing Internet freedom, we can see that new media have changed the communications and education landscape in an even more dramatic manner than did the broadcast media in the last half century. Under my mandate, the challenge has remained the same: how to safeguard or enhance pluralism and the free flow of information, both classical Helsinki obligations within the OSCE.  It was in 1998 that I read the words of Vinton G. Cerf in his article called ``Truth and the Internet''. It perfectly summarizes the nature of the Internet and the ways it can create freedom.  Dr. Cerf calls the Internet one of the most powerful agents of freedom: It exposes truth to those who wish to see it. But he also warns us that the power of the Internet is like a two-edged sword: it can also deliver misinformation and uncorroborated opinion with equal ease. The thoughtful and the thoughtless co-exist side by side in the Internet's electronic universe. What is to be done, asks Cerf.  His answer is to apply critical thinking. Consider the Internet as an opportunity to educate us all. We truly must think about what we see and hear, and we must evaluate and select. We must choose our guides. Furthermore, we must also teach our children to think more deeply about what they see and hear. That, more than any electronic filter, he says, will build a foundation upon which truth can stand.  Today, this foundation upon which truth could indeed so firmly stand is under continuous pressure by governments. As soon as governments realized that the Internet challenges secrecy and censorship, corruption, inefficiency and bad governing, they started imposing controls on it. In many countries and in many ways the effects are visible and they indeed threaten the potential for information to circulate freely.  The digital age offers the promise of a truly democratic culture of participation and interactivity. Realizing that promise is the challenge of our times. In the age of the borderless Internet, the protection of the right to freedom of expression ``regardless of frontiers'' takes on a new and more powerful meaning.  In an age of rapid technological change and convergence, archaic governmental controls over the media are increasingly unjust, indefensible and ultimately unsustainable. Despite progress, many challenges remain, including the lack of or poor quality of national legislation relating to freedom of information, a low level of implementation in many OSCE member states and existing political resistance.  The importance of providing free access for all people anywhere in the world cannot be raised often enough in the public arena, and cannot be discussed often enough among stakeholders: civil society, media, as well as local and international authorities.  Freedom of speech is more than a choice about which media products to consume.  Media freedom and freedom of speech in the digital age also mean giving everyone--not just a small number of people who own the dominant modes of mass communication, but ordinary people, too--an opportunity to use these new technologies to participate, interact, build, route around and talk about whatever they wish--be it politics, public issues or popular culture. The Internet fundamentally affects how we live. It offers extraordinary opportunities for us to learn, trade, connect, create and also to safeguard human rights and strengthen democratic values. It allows us to hear each other, see each other and speak to each other. It can connect isolated people and help them through their personal problems.  These rights, possibilities and ideals are at the heart of the Helsinki Process and the OSCE principles and commitments that we share. We must find the best ways to spread access to the Internet, so that the whole world can benefit from what it can offer, rather than increasing the existing gaps between those who have access to information and those who do not. And to those governments who fear and distrust the openness brought along by the Internet, let me emphasize over and over again:  The way a society uses the new communications technologies and how it responds to economic, political and cultural globalization will determine the very future of that society. Restrict access to information, and your chances to develop will become restricted. Open up the channels of free communication, and your society will find ways to prosper.  I was delighted to hear Secretary of State Clinton speak about a basic freedom in her January speech on Internet freedom in the ``Newseum''. This freedom is the freedom to connect. Secretary Clinton rightly calls this freedom the freedom of assembly in cyber space. It allows us to come together online, and shape our society in fundamental ways. Fame or money is no longer a requisite to immensely affect our world.  My office is rapidly developing a comprehensive strategy to identify the main problems related to Internet regulation in the 56 countries of the OSCE, and ways to address these issues. I will count on the support of the Helsinki Commission to advance the universal values that this strategy will attempt to extend to those countries where these values are still being questioned.  Let me also mention the importance to protect the freedom of other new technologies.  Only two weeks ago, my Office organized the 12th Central Asia Media Conference in Dushanbe, Tajikistan, where media professionals from all five Central Asian countries adopted a declaration on access to information and new technologies. This document calls on OSCE governments to facilitate the freer and wider dissemination of information, including through modern information and communication technologies, so as to ensure wide access of the public to governmental information.  It also reiterates that new technologies strengthen democracy by ensuring easy access to information, and calls upon state institutions with legislative competencies to refrain from adopting new legislation that would restrict the free flow of information. And only this spring my Office published a guide to the digital switchover, to assist the many OSCE countries where the switch from analogue to digital will take place in the next five years. The aim of the guide is to help plan the digitalization process, and help ensure that it positively affects media freedom, as well as the choice and quality available to the audience.  Besides advocating the importance of good digitalization strategies, I will also use all available fora to raise attention to the alarming lack of broadcast pluralism, especially television broadcast pluralism, in many OSCE countries. As television is the main source of information in many OSCE regions, we must ensure that the laws allow for diverse, high-quality programs and objective news to easily reach every one of us. Only well-informed citizens can make good choices and further democratic values. Whether we talk about Internet regulation, inventive ways to switch to digital while preserving the dominance of a few selected broadcasters, attempts to limit access to information or broadcast pluralism, we must keep one thing in mind: No matter what governments do, in the long run, their attempts to regulate is a lost battle.  People always find ways to obtain the rights that are denied to them. History has shown this over and over again. In the short run, however, it is very clear that I will intervene with governments which try to restrict the free flow of information. Defamation  Similar to fighting violence against journalists, my Office has been campaigning since its establishment in 1997 to decriminalize defamation and libel in the entire OSCE region.  Unfortunately, in most countries, defamation is still punishable by imprisonment, which threatens the existence of critical speech in the media. This is so despite the consistent rulings of the European Court of Human Rights in Strasbourg, stating that imprisonment for speech offences, especially when committed by criticizing public figures, is a disproportionate punishment.  Let us again remind ourselves of the journalists and bloggers I have mentioned above when discussing violence against journalists. They are currently in prison because their writing was considered defamatory. Their fate reminds us all of the importance of the right to freely speak our mind.  This problem needs urgent reform not only in the new, but also in the old democracies of the OSCE. Although the obsolete criminal provisions have not been used in Western Europe for decades, their ``chilling effect'' remained.  Furthermore, the mere existence of these provisions has served as a justification for other states that are unwilling to stop the criminalization of journalistic errors, and instead leave these offenses solely to the civil-law domain.  Currently, defamation is a criminal offence in all but ten OSCE countries--my home country Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Ireland, Moldova, Romania, Ukraine, the United Kingdom and the United States.  Last year, three OSCE countries decriminalized defamation, which I consider to be an enormous success: Ireland, Romania and the United Kingdom; the last being the first among the Western European participating States to officially decriminalize defamation.  Some other countries, such as Armenia, are currently reforming their defamation provisions, and I hope that I can soon welcome the next country that carries out this important and very long overdue reform.   Concluding remarks  Dear Chairmen,  Dear Commissioners,  Ladies and Gentlemen,  The above problematic areas--violence against journalists, restrictions of new media including the Internet, lack of pluralism and resistance to decriminalize defamation--are among the most urgent media freedom problems that need our attention and concentrated efforts today. However, we will also not forget about the many other fields where there is plenty of room to improve. Of course, I will not miss the excellent opportunity that we are here together today to raise your attention to the topic that my distinguished predecessor, Miklos Haraszti, has already raised with you: the establishment and the adoption of a federal shield law in the United States.  As you know, my Office has been a dedicated promoter of the federal shield law for many years. If passed, the Free Flow of Information Act would provide a stronger protection to journalists; it could ensure that imprisonments such as that of Judith Miller in 2005, and Josh Wolf in 2006, could never again take place and hinder investigative journalism. But the passage of such legislation would resonate far further than within the borders of the United States of America. It could send a very much needed signal and set a precedent to all the countries where protection of sources is still opposed by the government and is still not more than a dream for journalists.  I respectfully ask all of you, distinguished Commissioners, to continue and even increase your efforts to enable that the Free Flow of Information Act soon becomes the latest protector of media freedom in the United States.  And of course I cannot close my speech without mentioning my home country, Bosnia and Herzegovina. As you know, not only Bosnia and Herzegovina, but also most of the emerging democracies in the Balkans enjoy modern and forward-looking media legislation. We can openly say that they almost have it all when it comes to an advanced legal and regulatory framework enabling free expression to thrive. But it is not that simple. I use this moment to pose several questions: if there are good laws, then why do we still face severe problems in relation to media freedom, why do we stagnate and sometimes even move backward? Where does the problem lie? And, more importantly, how can we solve it and move ahead?  What Bosnia and Herzegovina shows us is that good laws in themselves are not enough. Without their good implementation, they are only documents filled with unrealized potential. In countries that struggle with similar problems, we must stress over and over again: without the full implementation of valid legislation, without genuine political will, without a comprehensive understanding of the media's role in a functioning democracy, without the creation of a safe environment for journalists to do their work, and without true commitment by all actors, these countries risk falling far behind international standards.  Apart from unmet expectations and disillusioned citizens, we all know that the consequences of politicized and misused media could be very serious. In conclusion, let me assure you, dear Commissioners, that I will not hesitate to openly and vigorously remind any country of their responsibilities toward implementing the OSCE commitments to the freedom of the media.  I am also asking you to use this opportunity today and send a clear message to the governments of all OSCE countries to do their utmost to fully implement their media legislation safeguarding freedom of expression. The governments have the power to create an environment in which media can perform their unique role free of pressures and threats. Without this, no democracy can flourish.  Thank you for your attention.

  • U.S. Congress Committee Calls for More Action on Property Restitution

    The head of the Helsinki Commission at the United States Congress,  Senator Ben Cardin, has criticized Poland for delaying the process of dealing with the restitution of Jewish property confiscated during and after WW II. Representative of the Obama administration, Stuart Eizenstat also expressed hope that the problem will be solved soon. Speaking during the session of the Helsinki Commission in Washington, Senator Ben Cardin indicated Poland and Lithuania as the two countries which have done least to solve the problem. "Successive Polish governments promised that the issue of compensation will be dealt with. None has done anything about it,” he said. In March 2001, the Polish parliament approved a law for the restitution of private property, though the right to file a claim was limited to those with Polish citizenship as of December 31, 1999. The law was subsequently vetoed by the President of Poland. The Terezin Declaration, a nonbinding set of guiding principles aimed at faster, more open and transparent restitution of art, private and communal property taken by force or under duress during the Holocaust, was approved at the Prague Holocaust Era Assets Conference in June last year. Poland was a signature to the non-binding agreement. Senator Cardin added he was aware that due to the relocation of borders and massive resettlements of people following the war, property restitution in Poland is a complicated issue. “Solving of the problem is difficult but not impossible” he added.   Former US Ambassador to the EU Stuart Eizenstat, the country’s delegate to the Prague Conference on the return of assets looted during World War Two also addressed the Commission, Tuesday. He said that the reprivatization law currently being prepared in Poland is defective as it does not include the restitution of properties located in Warsaw. Poles themselves were the victims of Nazism and communism so the restitution issue is difficult, he remarked, at the same time expressing hope that the legislative work will be corrected. Prime Minister Donald Tusk announced back in 2008 that legislation which aimed to tackle the issue had been prepared but the global finance crisis meant that plans had to be shelved due to increasing public debt. “The escalation of demands does not help in the creation of a political climate needed to pass an anti-discrimination, re-privatisation law,” declared Poland’s Foreign Minister, Radek Sikorski, commenting last year on the appeal from Jewish organizations for the return  property confiscated under Nazi occupation in Poland from heirless victims during the Holocaust.

  • Commemoration of the 70th Anniversary of Katyn

    Mr. Hastings of Florida. Madam Speaker, I rise today to commemorate the 70th anniversary of Katyn--a word that has come to symbolize the brutal murder of over 20,000 Polish military officers and other intellectual elite by Stalin's secret police in the spring of 1940 and the subsequent lies told about this horrific crime. These men, and one woman, were taken as prisoners by the Soviets in their undeclared war against Poland that began a mere 17 days after the Nazis invaded Poland and started World War II. The tragic crash this past Saturday that took the lives of so many of Poland's most senior leaders has focused worldwide attention on the Katyn massacre, which has come to symbolize Stalin's brutal repression of the Poles and others. People of goodwill everywhere extend the hand of sympathy and friendship to the Polish people who once again have suffered a great national tragedy, ironically in the very place where one of the last century's most sordid deeds was carried out. It is my hope that the victims--from President Lech Kaczynski and his wife Maria to prominent leaders of the armed forces, the parliament, other institutions, and relatives of those shot in 1940--will not have died in vain, that this horrible crash will somehow give strength to those in Poland who must go on and continue to lead their great nation, a nation that has been a stalwart ally of the United States and a beacon of freedom and prosperity in Eastern Europe. I also hope that these sad events may in some way help bring Russia and Poland a new and stronger relationship based on a shared history and suffering and characterized by mutual respect and trust. Further, I would like to express my admiration for the manner in which Russia's Prime Minister Vladimir Putin handled this disaster, flying immediately to Smolensk, the site of the crash and taking personal responsibility for the investigation. Mr. Putin acted decisively, but more than that he reinforced the positive signals he and Polish Prime Minister Donald Tusk had given at their joint ceremony in Katyn last Wednesday. No Russian Prime Minister--in fact no Russian of Mr. Putin's stature and standing--had ever been to Katyn. Mr. Tusk graciously expressed his appreciation to Mr. Putin by quoting the great Russian writer, Alexander Solzhenitsyn: "But let us not forget that violence does not live alone and is not capable of living alone: it is necessarily interwoven with falsehood. Between them lies the most intimate, the deepest of natural bonds. Violence finds its only refuge in falsehood, falsehood its only support in violence. Any man who has once acclaimed violence as his method must inexorably choose falsehood as his principle." I hope that Mr. Putin will also embrace these words in practical ways, most importantly by assisting the Poles in finding still missing information about those who were executed on Stalin's orders in 1940. 

  • Putin Says Stalin Massacred Poles Out of Revenge

    Russian Prime Minister Vladimir Putin made an unprecedented gesture of good will to Poland on Wednesday by attending a memorial ceremony for 22,000 Poles executed by Soviet secret police during World War II. But hours later he soured the mood by offering a controversial justification for the massacres. After attending the solemn event with Polish Prime Minister Donald Tusk, Putin said Soviet dictator Josef Stalin ordered the atrocity as revenge for the death of Red Army soldiers in Polish prisoner of war camps in 1920. Putin said 32,000 troops under Stalin's command had died of hunger and disease in the Polish camps. "It is my personal opinion that Stalin felt personally responsible for this tragedy, and carried out the executions (of Poles in 1940) out of a sense of revenge," Putin said, the RIA Novosti news agency reported. The Polish side had no immediate response to this suggestion. U.S. Sen. Benjamin Cardin, who has advocated greater Russian recognition of the atrocities, said there can be no justification for the murder of innocent people. "I think trying to rationalize the massacre in any way is unwarranted. You can't justify that under any scenario. It was senseless and there was no just cause. Those are the facts," Cardin, who chairs the U.S. Helsinki Commission, told The Associated Press. Earlier on Tuesday, Putin offered a gesture of reconciliation to Poland by becoming the first Russian leader to ever commemorate the Katyn massacres with a Polish leader. He said earlier in the day that the two nations' "fates had been inexorably joined" by the atrocities. The 22,000 Polish officers, prisoners and intellectuals were massacred by Stalin's secret police in 1940 in and around Katyn, a village near Russia's border with Belarus. During the ceremony, Putin also offered what appeared to be his harshest condemnation of Stalin's rule to date on Tuesday, saying: "In our country there has been a clear political, legal and moral judgment made of the evil acts of this totalitarian regime, and this judgment cannot be revised." But his speech stopped short of offering any apology to Poland or calling the massacres a war crime, as some officials in Poland and the United States had urged him to do. Also, while giving the go-ahead to a joint historic commission on the matter, Putin gave no concrete pledge that all Soviet archives documenting it would finally be unsealed. Tusk used his emotional speech about the Polish victims to push Putin on this point. "Prime minister, they are here. They are in this soil. The eye sockets of their bullet-pierced sculls are looking and waiting to see whether we are able to transform violence and lies into reconciliation," Tusk said. But at an evening news conference, Putin said Russia already has disclosed everything except for the perpetrators' names, which are being kept secret out of "humanitarian" regard for their surviving relatives. Putin also said Russian people should not be blamed for the atrocities at Katyn. "For decades, attempts have been made to cover up the truth about the Katyn executions with cynical lies, but suggesting that the Russian people are to blame for that is the same kind of lie and fabrication," he said. For half a century, Soviet officials claimed that the mass executions had been carried out by Nazi occupiers during the Second World War. But the Soviet Union under Mikhail Gorbachev's rule admitted in 1990 that the crimes had been committed by Stalin's NKVD secret police, a precursor to the KGB. The disclosure opened the floodgates of historical consciousness across the Soviet Union, speeding its demise as nations across the Eastern bloc awoke to the horrors of the Soviet regime and sought independence. As recently as December, Putin resisted a broad denunciation of Stalin's reign. He told a call-in show with the Russian public that it was "impossible to make an overall judgment" against Stalin because he had industrialized the nation and played a key role in defeating the Nazis. Russia also has clashed with its neighbors in Eastern Europe over what it has perceived as offenses to the legacy of Stalin and the Red Army. The relocation of a Soviet war memorial in Estonia in 2007 was met with a bristling reaction from Moscow, as was a resolution made by European lawmakers in 2009 equating Stalinism and Fascism. Putin's meeting with Tusk seems to be part of a broader Kremlin effort to avoid similar confrontations and improve ties with Europe. President Dmitry Medvedev wrapped up a two-day visit to Slovakia on Tuesday, and said in the capital, Bratislava, that the EU-member state was a "very convenient and open door for Russia to the European Union." "We are ready to actively go through this door," Medvedev said during a televised news conference with his Slovak counterpart, Ivan Gasparovic. During the visit — marking the 65th anniversary of the Slovak capital's liberation from Nazi rule — Medvedev gave Slovak officials World War II documents from Russia's state archives.

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