NATO Membership for Albania and Croatia

NATO Membership for Albania and Croatia

Hon.
Benjamin L. Cardin
United States
Senate
110th Congress Congress
Second Session Session
Thursday, September 25, 2008

Mr. President, the NATO Alliance is now considering its third round of post-Cold War enlargement. This will be the smallest of the rounds, with only two countries to consider compared to three in 1999 and seven in 2004. It should also be easiest, since the development of Membership Actions Plans allow NATO significantly more pre-invitation interaction with aspirants today than took place in earlier rounds. Albania and Croatia were formally invited at the April NATO Summit in Bucharest, Romania. Macedonia did not receive an invitation because of its lingering name dispute with Greece, and several European allies were unwilling to go forward with Membership Action Plans for Georgia and Ukraine. 

In March of this year, the Helsinki Commission, which I co-chair, held a hearing on the prospects for NATO enlargement which included testimony from expert analysts and contributions from the embassies of these five countries. We have also had hearings on the matter in the Senate Foreign Relations Committee which included administration views. It is important for the Senate to act on these protocols quickly so that ratification by all NATO countries can be completed in a timely matter. 

Turning to the records of the two aspirants, Albania has made tremendous strides since 1991, and the country is solidly committed to Euro-Atlantic integration. This is demonstrated by its contribution to numerous peace operations around the world. There are concerns about organized crime and official corruption in Albania, but I believe the country is well aware of these concerns and is continuing to undertake efforts to address them. The country is also aware of the need for further electoral reform before parliamentary elections next June. 

Assistant Secretary of State for European Affairs Dan Fried credibly asserted before the Senate Foreign Relations Committee that ``countries continue reforms rather than abandon them, when they join the alliance,'' and this particularly applies to Albania given its ongoing EU aspirations. In that spirit, I want to express my support for Albania's NATO membership, which will strengthen the alliance as well as the prospects for further reform in Albania. 

Croatia is clearly ready for NATO membership. Its democratic credentials are very strong. Recovering from the violent breakup of Yugoslavia, the country essentially shed its extreme nationalist leanings in 2000 and has been in rapid transition ever since. Croatia is also preparing for EU membership, boosting reform efforts, and it has become an increasingly active and helpful player in world affairs. I therefore want to express my strong support for Croatia's NATO membership as well.

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

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  • Remarks by Benjamin L. Cardin on Recommending Integration of Croatia into NATO

    Mr. Speaker, I am pleased to support this resolution as the ranking member of the Helsinki Commission. I visited Croatia in 2000, shortly after new leadership came into power, and I was confident of the country's commitment to reform. I believe, 5 years later, we have seen that the people of Croatia truly are committed to reform.   Of particular interest to me as a determinant of U.S. policy toward southeastern Europe has been the degree to which countries cooperate with the International Criminal Tribunal for the former Yugoslavia, located in The Hague. While Croatia has had a generally good record in this regard, the Gotovina case remained as a blot on that record. Fortunately, with Gotovina's recent apprehension on Spain's Canary Islands, Croatia can put this issue behind it.   I hope, however, that the people of Croatia will view the work of the Tribunal as a necessary step to determine guilt or innocence, and that Croatian courts will similarly seek justice regarding cases relating to war crimes and crimes against humanity that it considers, regardless of who was responsible for these crimes and who were the victims.   I also call for all remaining indictees to be apprehended and transferred to The Hague, in particular Ratko Mladic and Radovan Karadzic. The House made a similar call earlier this year when passing the resolution marking the massacre at Srebrenica in Bosnia. There has been some progress this year, but both Bosnian Serb and Serbian authorities need to do more. Otherwise, they will fall further behind in European and Euro-Atlantic integration to their own detriment.

  • Remarks by Christopher H. Smith on Recommending Integration of Croatia into NATO

    Mr. Speaker, I would just thank Chairman Gallegly for sponsoring this resolution. I am happy to be a cosponsor. I would just make the point that this supports the accession of Croatia into NATO. As either chairman or subcommittee chairman of the Global Human Rights and International Ops Committee for 6 years in the 1990s and as either chairman or cochairman of the Commission on Security and Cooperation in Europe, I have watched very closely the issues relating to Croatia over these many years.   As a matter of fact, Frank Wolf and I actually got into Vukovar while it was under siege and saw the incredible devastation that occurred early in that war with Serbia, and one house after another, one block after another being literally decimated by the Serbian offensive.   But so much has changed. So much has changed dramatically. As a matter of fact, over the last 5 years we have seen the real changes. For a while there, regrettably, the government was very wedded and many people in Croatia to nationalism, and some would even say extreme nationalism. That has now dissipated largely and now we have a Croat group of people, a free press, increasingly the NGOs, the church, all speaking on one accord for more human rights; and I do think over time and hopefully sooner rather than later they will make their way into NATO, provided the additional benchmarks are met.   So this is a good statement of solidarity with the people of Croatia saying that we think it is time. I thank, again, Mr. Gallegly for sponsoring this.   Mr. Speaker, as a cosponsor of H. Res. 529, I rise in strong support of this resolution that supports the accession of Croatia into the North Atlantic Treaty Organization. I have followed developments in Croatia extensively, both as a Chairman of the International Relations Committee and as Chairman or Co-Chairman of the Helsinki Commission. I can particularly recall--indeed, it would be hard to forget--the horror that accompanied the siege and ultimately the fall of Vukovar during the conflict in Croatia in 1991. That was the year Croatia proclaimed its independence from the disintegrating Yugoslavia. Few would have predicted that in such a short period of time Croatia would be advancing toward European integration at its current pace.   It is true, as stated in this resolution, that since achieving independence, the people of Croatia have built a democratic society, based on the rule of law, respect for human rights and a free market economy. To be more precise, however, it is worth noting that most of this progress occurred in the last five years, after Croatia was able to move beyond the conflict but also to make its own transition away from nationalism. The lack of progress which occurred in the early years of Croatia's independence is not something to hide. It makes the progress achieved since 2000 all the more profound.   It is also true that the people of Croatia deserve the credit. It was the Croatian people who became fed up with supporting the agenda of others. Through non-governmental organizations, independent media outlets and ultimately the ballot box, they earned their independence and freedom. Those representing Croatia's Serb community who made the decision to return to their homes, despite fears and lingering obstacles, also deserve credit for Croatia's progress. They have challenged the country to recover and to reconcile, and Croatia is stronger as a result. The people of Croatia have built a democratic society based on the rule of law, respect for human rights and a free market economy.   They have sent troops to Afghanistan as part of the NATO-led security force in support of the war on terrorism and have provided strong support to U.S. nonproliferation efforts. Mr. Speaker, just last week, the one remaining impediment to Croatia's entry into NATO was removed when General Ante Gotovina, the alleged Croatian war criminal, was arrested in Spain. General Gotovina has been transferred to The Hague to stand trial before the International Criminal Tribunal for the former Yugoslavia.   Mr. Speaker, the resolution states that once it meets NATO guidelines and criteria for membership, Croatia should be invited to join NATO at the earliest possible date. With its location, resources and talented people, a Croatia which satisfies the guidelines and criteria for NATO membership will strengthen the alliance.   Support for Croatia's integration into NATO should also encourage others in the region to make similar progress. Two other Adriatic Charter partners, Albania and Macedonia, immediately come to mind. It is also my deepest hope that Bosnia and Herzegovina, ten years after the Dayton Accords ended the conflict there, can move beyond what have become the restraining effects of that peace agreement's ethnic balancing act, adopt serious constitutional reform and accelerate its integration into Europe as well. Finally, we all hope that people in Serbia will continue their efforts to overcome the bankrupt legacy left by extreme nationalism, in particular by taking every effort to bring to justice those responsible for war crimes, crimes against humanity and genocide, so that Serbia, too, can move forward.   H. Res. 529 commends Croatia's significant progress in strengthening its democratic institutions, its support for the global war on terrorism and its ability to make significant contributions to NATO. It also applauds their ongoing cooperation with the international war crimes tribunal.   Mr. Speaker, Croatia is not only a strong ally of the United States. The American and Croatian people share a love of freedom and democracy. Croatia has been a steadfast friend, and it will make an important contribution to security and peace in Europe and throughout the world as a member of NATO.   Both the Europe and Emerging Threats Subcommittee and the House International Relations Committee unanimously approved House Resolution 529, and I urge its passage by the full House.

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). 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In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. 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In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. 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Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • The Future of Human Rights in Kosovo

    This hearing, held by Sen. Sam Brownback and Rep. Chris Smith , stressed, among other things, that there was still a lot of work to be achieved regarding human rights in Kosovo, such as security and property issues. In particular, Brownback and Smith focused on the international community, including countries in the OSCE region. This hearing was held with increased diplomatic activity that may have led to consideration of Kosovo’s status in 2005 in mind. Witnesses to this hearing included Soren Jessen-Petersen, Special Representative of the UN Secretary General and Head of the UN Mission in Kosovo, and Charles L. English, Director of the Office of South Central European Affairs at the U.S. Department of State.  

  • Urging Albanian Authorities to Hold Free and Fair Elections

    Mr. Speaker, today, I am introducing a concurrent resolution which calls for the July 3rd parliamentary election in Albania to be free and fair. Joining me in the introduction of this resolution is Mr. Engel, and I want to thank my colleague from New York for his efforts over the years to help Albanians throughout Southeastern Europe be able to exercise human rights and fundamental freedoms that for so long had been denied them.  This resolution notes that Albania is a participating State of the Organization for Security and Cooperation in Europe, better known as the OSCE. It further notes that all OSCE participating States have accepted standards which define free and fair elections but that Albania has repeatedly fallen short of those standards. Some elections have been seriously flawed, while others demonstrated a clear and sometimes significant improvement.  As Albania approaches its next parliamentary elections on July 3rd, however, the resolution argues that meeting OSCE election standards is not only possible but a virtual necessity.  Meeting these standards is possible, fortunately, because Albanian authorities and political parties have adopted electoral reforms recommended by the OSCE. While Albanian stakeholders made the right and sometimes difficult decisions regarding reform, credit also needs to go to the OSCE Presence, or field mission, in Albania which facilitated the dialogue and encouraged cooperation, as well as the OSCE's Office for Democratic Institutions and Human Rights which provided technical expertise to the reform effort. The OSCE was patient yet firm in pressing for change, while other international groups gave needed expertise.  Meeting these standards is necessary not only because Albania is committed to those standards, but also because a failure to do so will cost the country dearly in terms of integration into NATO and the European Union. While there are strong ties between the United States and Albania, which this resolution recognizes, it would be a mistake to excuse Albania from its OSCE commitments.  Our desire to see Albania succeed, in fact, is why our expectations regarding the elections need to be made so clear. Successful elections will certainly strengthen Albania's ties with the United States and Europe. More importantly, successful elections are something the people of Albania deserve. After centuries of foreign rule, decades of severe communist repression and isolation, and now more than a decade of transition hindered by official corruption, organized crime and civil strife, the people of Albania must finally be allowed to determine their own future by making their leaders accountable to them. Free, fair elections can make this possible.  Mr. Speaker, I hope that my colleagues agree and will therefore support this resolution. As Co-Chairman of the Helsinki Commission, I have focused on the situation in Albania for many years, and I am confident that sending the message contained in this resolution will make a difference.

  • Albania’s 2005 Parliamentary Elections: How Free and Fair Will They Be?

    Robert Hand reviewed Albania’s preparatory efforts and the prospects for free and fair parliamentary elections scheduled for the summer of 2005, raising the question of possible corruption during the election process. Hand examined Albania’s growth, with support from the international community, and its growing integration into European and broader Western institutions. Witnesses from various backgrounds - the National Democratic Institute, the International Republican Institute, the Office for Democratic Institutions and Human Rights, and the International Foundation for Electoral Systems – drew on their extensive experiences with Albania and Eastern Europe’s transition from communism to democracy to discuss the likelihood for free and fair elections in 2005.  One of the major issues discussed was the novelty of democratic elections in Albania, which was evident in the lack of trust between key political players and in the general confusion of constituent mapping and vote counting.

  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. The overall situation for religious freedom is good in Slovenia, which became Chairman-in-Office of the OSCE on January 1, 2005. The registration system for religious communities is simple, and there are no numerical thresholds or formal requirements to overcome. While the small Muslim community in Ljubljana has experienced problems in obtaining permission to build a mosque, it appears the matter is being resolved. One city counselor successfully initiated a referendum in May opposing the zoning regulation change to allow the building of the mosque. However, the Constitutional Court found the referendum to be unconstitutional, thereby removing this hurdle to construction. It is hoped there will be no further bureaucratic delays, so construction can begin as Slovenia takes up the OSCE chairmanship. Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Mass Murder of Roma at Auschwitz Sixty Years Ago

    Madam President, during World War II, some 23,000 Roma were sent to Auschwitz, mostly from Germany, Austria, and the occupied Czech lands. Sixty Years ago, on the night of August 2 and 3, the order was given to liquidate the “Gypsy Camp” at Auschwitz. Over the course of that night, 2,898 men, women, and children were put to death in the gas chambers. In all, an estimated 18,000 Roma died at Auschwitz-Birkenau.   During the intervening years, Aug. 2 and 3 have become days to remember the Porrajmos, the Romani word that means "the Devouring," and to mourn the Romani losses of the Holocaust.   As the U.S. Holocaust Memorial Museum has suggested, Roma are ``understudied victims'' of the Nazis. What we don't know about the Romani experiences during the war is far greater than what is known.   But we do know that the fate of the Roma varied from country to county, and depended on many factors. We know that, in addition to the atrocities in Auschwitz, thousands of Roma were gassed at Chelmno. We know that an estimated 90 percent of Croatia's Romani population--tens of thousands of people--was murdered. We know that approximately 25,000 Roma were deported by the Romanian regime to Transnistria in 1942, where some 19,000 of them perished there in unspeakable conditions. We know that in many places, such as Hungary, Roma were simply executed at the village edge and dumped into mass graves. We know that in Slovakia, Roma were put into forced labor camps, and that in France, Roma were kept in internment camps for fully a year after the war ended.   Still, far more research remains to be done in this field, especially with newly available archives like those from the Lety concentration camp in the Czech Republic. I commend the Holocaust Museum for the efforts it has made to shed light on this still dark corner of the past, and I welcome the work of nongovernmental organizations, such as the Budapest-based Roma Press Center, for collecting the memories of survivors.   I do not think I can overstate the consequences of the Porrajmos. Some scholars estimate that as many as half of Europe's Romani minority perished. For individuals, for families, and for surviving communities, those losses were devastating. Tragically, the post-war treatment of Roma compounded one set of injustices with others. Those who were most directly involved in developing the Nationalist-Socialist framework for the racial persecution of Roma--Robert Ritter and Eva Justin--were never brought to justice for their crimes and were allowed to continue their medical careers after the war. The investigative files on Ritter--including evidence regarding his role in the forced sterilization of Roma--were destroyed. German courts refused to recognize, until 1963, that the persecution of Roma based on their ethnic identity began at least as early as 1938. By the time of the 1963 ruling, many Romani survivors had already died.   During my years of service on the leadership of the Helsinki Commission, I have been struck by the tragic plight of Roma throughout the OSCE region. It is not surprising that, given the long history of their persecution, Roma continue to fight racism and discrimination today. I commend Slovakia for adopting comprehensive antidiscrimination legislation in May. As the OSCE participating states prepare for a major conference on racism, discrimination, and xenophobia, to be held in September, I hope they will be prepared to address the persistent manifestations of racism against Roma--manifestations that often carry echoes of the Holocaust.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Madam Speaker, I join my colleagues in strong support of House Resolution 558, welcoming the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization.   During my tenure in Congress, I have had considerable interaction with the leaders of these countries, as well as the opportunity to witness the transitions which have occurred. For several of our new NATO allies I first encountered as one-party communist states, as Warsaw Pact adversaries and as "captive nations." As Chairman of the Helsinki Commission, I have closely monitored their human rights performance and encouraged their democratic development. The transition for some has been particularly difficult, particularly with the effects of regional conflicts, political or economic crises. Throughout, their peoples have been our friends. Now, they become our allies.   While we must congratulate these countries, first and foremost, on the progress which brought them to this historic point, we can also take some credit for the investments we decided to make, through the human resources and bilateral assistance which planted the democratic ideals that now have triumphed. In my view, the returns on those investments have been notable.   In addition to these seven new NATO members, the resolution before the House also encourages the three members of the Adriatic Charter to continue their efforts toward eventual NATO membership. I particularly want to comment on Croatia. That country has had a particular challenge since 1990. As Yugoslavia fell apart and Croatia asserted its independence, the country faced not only the challenges of democratic transition but of surviving the Yugoslav conflict. From 1991 to 1995, significant portions of the country were destroyed or occupied. The conflict in neighboring Bosnia led to massive inflows of refugees. Croatia itself was vulnerable to those leaders with highly nationalist and less than democratic instincts.   While all of this slowed their transition, Croatia has rapidly moved--especially since 2000--to meet their democratic potential. In the last elections, a smooth transition in government took place, and we have a bilateral relationship which continues to strengthen over time. In addition, Croatia has become a key contributor to stability in a part of Europe where stability is highly fragile.   It is my hope, Madam Speaker, that we recognize this progress as Croatia seeks membership in NATO. Once Croatia meets the criteria for membership, the invitation to join should be extended. I would hope that the upcoming Istanbul summit will make this clear and mandate an assessment of Croatia's progress in this regard. It would be wrong and counter to U.S. interests to leave Croatia or any other country otherwise qualifying for NATO membership waiting unnecessarily.   I believe that taking this action would also encourage its Adriatic Charter partners, Albania and Macedonia, in meeting the criteria for membership more quickly. Rather than abandon its partners, Croatia will help them make progress as well. Albania and Macedonia are also good friends of the United States and would benefit from this encouragement. Ultimately, Bosnia and Herzegovina and Serbia and Montenegro would benefit as well, all in the interest of European security and, therefore, U.S. security interests.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization   BODY: Madam Speaker, I rise in strong support of H. Res. 558, which welcomes the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization (NATO).   Earlier this month I celebrated the 86th anniversary of the declaration of independence of Lithuania with my constituents and the Lithuanian Society in Baltimore. I am very enthusiastic about the accomplishments of the Lithuanian people and my optimism for that nation's future. As you know, I am of Lithuanian heritage and share your special interest in Lithuania's development.   I am proud of the United States' strong support for Lithuania through the extension of membership to the NATO alliance, and the continued endorsement for the nation's integration into the European Union. In 2003 the U.S. Senate unanimously ratified Lithuania's inclusion into NATO, and praised Lithuania for "serving as an example to emerging democracies worldwide."   As an invited member of NATO and the European Union, the Republic of Lithuania plays a role in promoting security abroad and in combating international threats. Since 1994, the Lithuanian Armed Forces have demonstrated this commitment by deploying over 1,300 servicemen on missions to the Balkans and, most recently, Afghanistan and Iraq.   Lithuania's accession to NATO really marks the return of Lithuania to the Euro-Atlantic partnership and alliance, as we face the new challenges of the global war on terrorism.   Lithuania has made considerable progress towards a functioning market economy, and has enjoyed some of the highest domestic product growth rates in all of Europe. I am therefore pleased to see that Lithuania will shortly be joining the European Union (EU), which will grow from 15 to 25 members on May 1, 2004.   By joining the EU, the nation will greatly benefit from a larger, more integrated European marketplace. We should continue our partnership to further strengthen Lithuania's economic growth.   I am also pleased to report that in the last decade Lithuania has made great progress in the area of human rights, rule of law, and religious freedom all while pursuing further integration into European political, economic, and security organizations. As a member of Congress, I serve on the Commission on Security and Cooperation in Europe, commonly known as the Helsinki Commission. I also serve as the Chairman of the Economic Committee of the OSCE Parliamentary Assembly. Lithuania, among other countries, has agreed to the terms of the Helsinki Final Act, which calls upon governments to respect religious freedom and minority rights as well as guarantee free speech and political dissent. Lithuania has successfully moved to establish a strong democratic government, holding fair elections since 1991 and supporting an independent judiciary, both of which are critical components for maintaining rule of law and fighting corruption in any country.   Madam Speaker, I am pleased to join my colleagues in supporting this resolution, in saluting the accomplishments of Lithuania and looking forward with great pride and expectation to the future. I urge my colleagues to take a moment to reflect on the unique Lithuanian culture and its contribution to the world.

  • Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia

    The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • The Path to Justice in Southeastern Europe

    This briefing examined the status of current and future efforts to bring justice to southeastern Europe after a decade of conflict dominated by war crimes, crimes against humanity and genocide. The international responses to the atrocities committed in Yugoslavia during the 1990s, including the establishment of the International Criminal Tribunal for the former Yugoslavia, were addressed. Theodor Meron, President of the Tribunal since March 2003, discussed the ongoing efforts of ICTY and the possibility of completing all trials by 2008 and appeals by 2010. He also addressed the advantages of transferring some cases for trial in national courts in the region and the challenges these courts would face in meeting international standards, including witness protection, fostering inter-state cooperation and garnering unbiased, independent judges.

  • Relatives Testify to Struggles to Resolve Missing Persons Cases in Former Yugoslavia

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia. In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict. Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss." In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases. Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth." In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this." Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin. "Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights." Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed. Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization. "I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence." Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony. "All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth." Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK). Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result. "I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested." Maric added that his group has had no direct contact with the Croatia military on their cases. Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military." Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe. Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record. All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    This briefing was the fourth hearing held by the Helsinki Commission held on restitution and compensation for property seized during the Second World War and in Communist-era Central and Eastern Europe.  The goal of the briefing was to discuss developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • Briefing: Property Restitution and Compensation in Post-Communist Europe: a Status Update

    A central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individuals and religious communities. The end of communist tyranny after 1990 sparked hope that governments in the region would redress the wrongful seizures of private and communal property, such as churches, synagogues, schools and hospitals. The Helsinki Commission held three prior hearings on the issue of restitution and compensation for property seized during World War II and the communist-era in Central and Eastern Europe. This briefing surveyed developments since the Commission's July 2002 hearing relating to the return of wrongfully confiscated properties in the region. Particular attention was given to the progress, or lack thereof, in the Czech Republic, Poland, and Romania in removing the bureaucratic and legal obstacles faced by individuals--including U.S. citizen claimants--and religious communities seeking restitution of communal property, family homes, and/or land.

  • Property Restitution and Compensation in Post-Communist Europe: A Status Update

    The importance of this briefing, which then ranking member of the Commission Senator Benjamin L. Cardin presided over, was underscored by the fact that a central element of Nazi and communist persecution in Central and Eastern Europe was the uncompensated confiscation of real and personal property from individual and religious communities. Communism’s demise in 1990 sparked hope that regional governments would redress wrongful seizures of private and communal property. This briefing was the fourth hearing that the Helsinki Commission held whose focus was on the issue of restitution and compensation for property seized during the Second World War and in Communist era Central and Eastern Europe. A goal of the briefing, then, was to survey developments since the CSCE’s July 2002 hearing relating to the return of wrongfully confiscated properties in the region.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

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