Roma Still Waiting for Their "Brown v. Board of Education"

Roma Still Waiting for Their "Brown v. Board of Education"

Hon.
Ben Nighthorse Campbell
United States
Senate
108th Congress Congress
Second Session Session
Wednesday, June 02, 2004

Mr. President, 2 years ago, the United States Helsinki Commission, which I co-chair, held its third hearing on the human rights problems faced by Roma. At that time, we gave particular attention to the barriers Roma face in the field of education. As the OSCE High Commissioner on National Minorities said in his very helpful report on Roma in OSCE region, “exclusion of Roma extends to every sphere of social life, perhaps nowhere with more far-reaching and harmful effect than in respect of schooling.” In other words, ensuring equal access for Roma in the fields of education is an essential element for their integration in other areas of life. The World Bank and United Nations Development Program have also emphasized, in their reports, that integration in education is an essential ingredient for improving the overall conditions in which Roma live.

Last month, as our own country was commemorating the Supreme Court's historic decision in Brown v. Board of Education, the European Roma Rights Center issued a report entitled “Stigmata: Segregated Schooling of Roma in Central and Eastern Europe.” This report evaluates practices and policies in Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia and describes the most common ways of segregating Romani children from non-Roma: channeling Roma into so-called “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with Romani ghettos; having mixed population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The European Roma Rights Center report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” It is surely not a coincidence that Hungary is also the only country in Europe where the mainstream political parties have started to compete for the Romani vote--both developments which reflect meaningful steps towards the real integration of Roma in that country.

As the European Roma Rights Center notes, segregated schooling is the result of many factors which conspire together--not the least of which is the pernicious stereotype that Romani culture is somehow incompatible with education. This fiction continues to be widely held and disseminated by the media, by government officials and public leaders, and sometimes even by the representatives of respected international organizations. Frankly, this myth needs to be debunked. In reality, before World War II, there was no country in Europe that allowed Roma to attend school and maintain their language and cultural identity at the same time. Formal schooling, by definition, meant forced assimilation.

It is amazing testimony to the strength of Romani culture that--after centuries as a dispersed people in Europe, after slavery in Romania and Moldova, after forced assimilation campaigns, and after the Holocaust--Romani identity has survived. For most Roma in Europe, concentrated in countries that fell behind the Iron Curtain, it is only the context of a post-communist world, a Europe which has now recognized the rights of ethnic and linguistic minorities, that the theoretical opportunity to be educated without having to hide or surrender one's Romani identity is within grasp. Kids like Elvis Hajdar, the Romani-Macedonian computer whiz-kid the Christian Science Monitor profiled in April, embrace this opportunity. For many other Roma, however, educational opportunities remain only distant and only theoretical. And, contrary to popular mythology, it is not Romani culture that holds them back, but crushing poverty and entrenched racism. Education is the key to breaking the cycle of poverty and it is no surprise that Romani organizations across Europe have made access to education one of their principle demands.

Moreover, the “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,” adopted at the Maastricht Ministerial last December, the OSCE participating states outlined a variety of concrete measures states might undertake to achieve this goal. But desegregation will not just happen on its own. It will take leadership and political will and--as we know from our own experiences after the Brown decision--it may still take many years. The time to get started is now.

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  • 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.

  • Ethnic and Racial Profiling in the OSCE Region

    In this briefing, held by Commissioners Alcee L. Hastings and Benjamin L. Cardin, the topic of discussion was combatting ethnic and racial profiling. To this end, years ago, Hastings and Cardin began such efforts for the OSCE. Consequently, the OSCE established a tolerance unit that publishes an annual hate crimes report, has three personal representatives to address these issues, and has developed numerous initiatives to address prejudice and discrimination. Likewise, the OSCE’s High Commissioner on National Minorities has convened experts to discuss the issue of multiethnic policing. In spite of substantial progress made, there continues to be a lot of work to be done to address ethnic and racial profiling. In fact, the Commission, U.S. Government, and organizations like the American-Arab Anti-Discrimination Committee and Human Rights First have, quite recently, called for a response to the profiling of Roma, Muslims, persons of African descent or blacks, and other groups in Europe and the U.S.

  • 65th Anniversary of the Liberation of Auschwitz

    Mr. President, on January 27, 1945, the Nazi concentration camp at Auschwitz, including Birkenau and other related camps near the Polish city of Oswiecim, was liberated by the Soviet Army. This week, people have gathered at Auschwitz and in many other places to mark the 65th anniversary of that event. I am pleased that President Obama presented a video address in which he underscored--using Elie Wiesel's words--the sacred duty of memory. Auschwitz-Birkenau was the principal and most notorious of the six death camps built by Nazi Germany to achieve its goal of the mass extermination of the Jewish people of Europe. Built in Nazi-occupied Poland initially as a concentration camp for Poles and later for Soviet prisoners of war, it soon became a prison for a number of other nationalities. Ultimately, a minimum 1,300,000 people were deported to Auschwitz between 1940 and 1945, and of these, at least 1,100,000 were murdered at that camp. An estimated 6 million Jews--more than 60 percent of the pre-World War II Jewish population of Europe--were murdered by the Nazis and their collaborators at Auschwitz and elsewhere in Europe. In addition, hundreds of thousands of civilians of Polish, Roma, and other nationalities, including in particular disabled individuals, homosexuals, political, intellectual, labor, and religious leaders, all of whom the Nazis considered `undesirable,' as well as Soviet and other prisoners of war, perished at Auschwitz . On that day of liberation , 65 years ago, only 7,000 camp prisoners who had passed through the infamous Auschwitz gates, the ones who promised "Arbeit Macht Frei" -- "Work Will Make You Free" -- managed to survive the selections, torture, starvation, disease, inhuman medical experiments, and executions that occurred at Auschwitz. According to a new survey published this week by the Organization for Security and Cooperation in Europe, OSCE, at least 41 of the OSCE's 56 participating states commemorate the Holocaust with official events. Thirty-three participating states have established official memorial days for Holocaust victims, and January 27 is the official Holocaust Memorial Day in many European countries, including Denmark, Estonia, Germany, Greece, Italy, Sweden, and the United Kingdom. I am deeply gratified that since 2005, the United Nations has also observed January 27 as a day of remembrance for the victims of the Holocaust. In fact, Auschwitz -Birkenau was inscribed on the UNESCO World Heritage List in 1979. I personally visited Auschwitz in 2004 and cannot overstate the importance of the Memorial Museum there today in the effort to teach future generations about the Holocaust. The recent theft of the "Arbeit-Macht-Frei" sign -- which, fortunately, was recovered -- has certainly heightened awareness of the need for additional security measures there, and I support the efforts to secure increased funding for the preservation of the Memorial Museum. Teaching about the Holocaust is an obligation that must be met not only at Auschwitz , but at places where people learn around the globe. As chairman of the Commission on Security and Cooperation in Europe, I am deeply concerned by the rise of anti-Semitism and violent extremism in some OSCE participating states. In particular, I am deeply troubled by the continued prevalence of Nazi-era discourse to describe Roma. As Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has said: 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. With this concern in mind, I was pleased to learn that the United Nations invited the OSCE senior advisor for Romani issues, Andrzej Mirga, to participate in the commemoration they organized this year. Sadly, as Mr. Mirga observed, although approximately 23,000 Romani people were sent to Auschwitz , none were among the survivors liberated there 65 years ago.  

  • Slovakia and Hungary Relations

    Mr. President, in 1991, then-Czechoslovak President Vaclav Havel brought together his counterparts from Poland and Hungary. Taking inspiration from a 14th century meeting of Central European kings, these 20th century leaders returned to the same Danube town of Visegrad with a view to eliminating the remnants of the communist bloc in Central Europe; overcoming historic animosities between Central European countries; and promoting European integration. Today, the Czech Republic, Hungary, Poland and Slovakia are together known as the Visegrad Group, and all four have successfully joined NATO and the European Union. They are anchors in the Trans-Atlantic alliance, and I am pleased to have had the opportunity to travel to all four of these countries where I have met with public officials, non-governmental representatives and ethnic and religious community leaders. Unfortunately, it appears that some additional work is necessary to address one of the principal goals of the Visegrad Group; namely, overcoming historic animosities. In recent months, relations between Hungary and Slovakia have been strained. Having traveled in the region and having met with leaders from both countries during their recent visits to Washington, I would like to share a few observations. First, an amendment to the Slovak language law, which was adopted in June and will enter into force in January, has caused a great deal of concern that the use of the Hungarian language by the Hungarian minority in Slovakia will be unduly or unfairly restricted. Unfortunately, that anxiety has been whipped up, in part, by a number of inaccurate and exaggerated statements about the law. The amendment to the state language law only governs the use of the state language by official public bodies. These state entities may be fined if they fail to ensure that Slovak--the state language--is used in addition to the minority languages permitted by law. The amendment does not allow fines to be imposed on individuals, and certainly not for speaking Hungarian or any other minority language in private, contrary to what is sometimes implied. The OSCE High Commissioner on National Minorities has been meeting with officials from both countries and summarized the Slovak law in his most recent report to the OSCE Permanent Council: “The adopted amendments to the State Language Law pursue a legitimate aim, namely, to strengthen the position of the State language, and, overall, are in line with international standards. Some parts of the law, however, are ambiguous and may be misinterpreted, leading to a negative impact on the rights of persons belonging to national minorities.” Since the law has not yet come into effect, there is particular concern that even if the law itself is consistent with international norms, the implementation of the law may not be. I am heartened that Slovakia and Hungary have continued to engage with one of the OSCE's most respected institutions--the High Commissioner on National Minorities--on this sensitive issue, and I am confident that their continued discussions will be constructive. At the same time, I would flag a number of factors or developments that have created the impression that the Slovak Government has some hostility toward the Hungarian minority. Those factors include but are not limited to the participation of the extremist Slovak National Party, SNS, in the government itself; the SNS control of the Ministry of Education, one of the most sensitive ministries for ethnic minorities; the Ministry of Education's previous position that it would require Slovak-language place names in Hungarian language textbooks; the handling of the investigation into the 2006 Hedvig Malinova case in a manner that makes it impossible to have confidence in the results of the investigation, and subsequent threats to charge Ms. Malinova with perjury; and the adoption of a resolution by the parliament honoring Andrei Hlinka, notwithstanding his notorious and noxious anti-Hungarian, anti-Semitic, and anti-Roma positions. All that said, developments in Hungary have done little to calm the waters. Hungary itself has been gripped by a frightening rise in extremism, manifested by statements and actions of the Hungarian Guard, the ``64 Counties'' movement, and the extremist party Jobbik, all of which are known for their irredentist, anti-Semitic, and anti-Roma postures. Murders and other violent attacks against Roma, repeated attacks by vandals on the Slovak Institute in Budapest, attacks on property in Budapest's Jewish quarter in September, and demonstrations which have blocked the border with Slovakia and where the Slovak flag is burned illustrate the extent to which the Hungarian social fabric is being tested. Not coincidentally, both Hungary and Slovakia have parliamentary elections next year, in April and June respectively, and, under those circumstances, it may suit extremist elements in both countries just fine to have these sorts of developments: nationalists in Slovakia can pretend to be protecting Slovakia's language and culture--indeed, the very state--from the dangerous overreach of Hungarians. Hungarian nationalists--on both sides of the border--can pretend that Hungarian minorities require their singular protection--best achieved by remembering them come election day. Meanwhile, the vast majority of good-natured Slovaks and Hungarians, who have gotten along rather well for most of the last decade, may find their better natures overshadowed by the words and deeds of a vocal few. In meetings with Slovak and Hungarian officials alike, I have urged my colleagues to be particularly mindful of the need for restraint in this pre-election season, and I have welcomed the efforts of those individuals who have chosen thoughtful engagement over mindless provocation. I hope both countries will continue their engagement with the OSCE High Commissioner on National Minorities, whom I believe can play a constructive role in addressing minority and other bilateral concerns.

  • Helsinki Commissioners Condemn Violence Against Roma

    Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group. At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs. “Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.” Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.” Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

  • Hard Times and Hardening Attitudes: the Economic Downturn and the Rise of Violence Against Roma

    This briefing focused on the economic downturn and the rise of violence against Roma, the largest ethnic minority of Europe. It was presided by Hon. Alcee L. Hastings, the Co-Chairman of the Commission on Security and Cooperation in Europe, and he was join by Katalin Barsony, Stansilav Daniel, Isabela Mihalache,and Andrzej Mirga, an advisor on Roman issues. The briefing was held during the 20th anniversary of the fall of Communism, in which Eastern and Western needed to work together to meet the challenges to defend the basic human rights of Roma. The panelists gave their opinion about the causes of the spike in violence, the implications of these trends, and what the OSCE could do.    

  • International Roma Day Bracketed by Rising Extremism and Violence

    By Erika B. Schlager, Counsel for International Law On April 8, Romani communities throughout the OSCE region celebrated International Roma Day. Numerous recent events, however, underscored the profound prejudice Roma continue to face. Background On April 8, 1971, Roma from across Europe met in London for the first congress of the International Romani Union (IRU). At the 4thcongress of the IRU, convened in Warsaw in 1990, participants designated April 8 as “International Roma Day” and, in subsequent years, International Roma Day has been an occasion not only to celebrate Romani language, history and culture, but also to draw attention to the often deplorable conditions in which Roma live. In 2000, the day was marked by an appeal by Pope John Paul II for “full respect for the human dignity of these brothers and sisters.” His remarks – coming after the beatification of Spanish Romani martyr Ceferino Gimenez Malla – reflected a growing awareness of the plight of Roma and simultaneously contributed to better understanding of Romani experiences. This Year’s International Roma Day International Roma Day was marked by Secretary of State Hillary Clinton in a video address posted on the Department of State website and broadcast at events at several U.S. Embassies in Europe. (Her remarks were also translated into Romani and circulated on the internet by Romani NGOs.) Many United States embassies in Europe hosted or participated in a diverse array of related events. In Vienna, the United States Mission to the OSCE used the occasion to raise Romani human rights issues at the weekly meeting of the Permanent Council (see statement below). In particular, the Mission urged the Italian and Hungarian delegations to provide information on efforts to prosecute violent attacks against Roma in those countries. In addition, many human rights organizations drew attention to continuing violations of the human rights of Roma and many Romani nongovernmental organizations hosted cultural or other activities. For example, the San Francisco-based NGO Voice of Roma organized a series of activities including music, traditional crafts, dance, film and discussion. At the international level, the OSCE High Commissioner on National Minorities, the OSCE Office for Democratic Institutions and Rights, the Council of Europe, and other human rights bodies also observed International Roma Day. Rising Extremism In recent months, however, there has been an alarming rise in manifestations of profound prejudice directed against Roma. Hungary Notoriously, there have been dozens of violent attacks against Roma in Hungary over the course of the past year, including six murders. The most shocking attack occurred in February, when 27-year-old Robert Csorba and his five-year-old son, Robert, were murdered. Their home was set on fire and then, apparently, father and child were riddled with bullets to prevent them from escaping the blaze. Several other attacks against Roma have also involved Molotov cocktails used to set houses on fire. Other children have been injured in various attacks. Thus far, there has not been a single successful prosecution for any of these attacks. Moreover, the Hungarian government has asserted that only a court can determine if an attack is ethnically motivated and therefore it is inappropriate to characterize this wave of violence as racist or ethnically motivated. (Incongruously, Hungarian government officials continue to raise concern about ethnically motivated acts against Hungarian minorities in neighboring states. In early April, for example, Hungarian officials called on Serbian authorities to address crimes that Budapest characterized as anti-Hungarian.) On April 7, the home of a local Romani official, Lidia Horvath, was set on fire. She subsequently asserted that the attack was directed at her as retaliation for her efforts to shed light on the murder of the Csorba family, which investigators initially dismissed as death by accidental fire. Separately, controversy erupted in April regarding an interview with Mate Szabo, the Parliamentary Commissioner for Civil Rights, who referred to “Tsigan [loosely translatable as “Gypsy”] crime.” His remarks come at a time when not only extremist organizations but often mainstream public figures and media outlets are fixated on the notion of alleged “Gypsy criminality.” Almost 60% of the respondents in a recent Hungarian opinion poll said they believed that “crime is in the blood of Roma.” Five leading human rights groups in Hungary denounced the ombudsman’s comments and Szabo subsequently retracted his remarks. (Specifically, they objected to the association – by the civil rights commissioner, no less – of a particular ethnic group with crime.) In contrast, National Police Chief Jozsef Bencze participated in an event celebrating International Roma Day at which he stated, “There is no collective guilt because crime cannot be associated with color.” The Czech Republic In November 2008, hundreds of extremists rioted in the Czech town of Litvinov, requiring a thousand Czech police officers marshaled from around the country to hold them at bay. Some human rights activists believe that, with the Litvinov experience in mind, extremists hoped to exploit the focus of security agencies on Prague during the April 5 summit meeting there, attended by President Obama. Accordingly, on April 4, an estimated 700 radicals descended on the town of Prerov, reportedly with the intent of intimidating and attacking Romani residents. As it happened, Czech authorities in Prerov were able to deploy enough law enforcement personnel, including riot police, to largely contain the extremists. “Extremism” in the Czech Republic may be spurred by the extent to which intolerance manifests itself in what passes for mainstream political discourse. Among some public officials, overtly anti-Roma statements continue to be uttered without any discernible political consequences. For example, in 2005 President Vaclav Klaus denied that the Lety concentration camp was actually a concentration camp. Instead, using a common Nazi description of Roma, Klaus asserted that Lety was a place for “people who refused to work”. (Lety was established during the Nazi occupation of the Czech Republic as a concentration camp for Roma. Hundreds died at the camp and many more were deported to Auschwitz.) While still serving as a local mayor, Czech Senator Liana Janackova was recorded describing herself as a racist and saying she would like to get rid of local Roma with dynamite. Some local officials continue to describe Roma as “unadaptable” – another Nazi-era concept – and some Czech media outlets quote these officials, albeit, without an apparent understanding of the historical use of this term. Slovakia On April 7, the Slovak daily Sme broke the story of six Romani boys who had been detained on March 21 by police in Kosice, forced to strip naked and commit violent acts against each other – all captured on film by the arresting officials. The video, quickly posted on You Tube, records the laughter and jeers of the police as they abuse the children. Several news stories have compared the incident to the notorious Abu Ghraib photos, and some have recalled the 2001 incident in which a Slovak Romani man, Karol Sendrei, died after being chained to a radiator in a police station and beaten over the course of a night. The abuse has been widely condemned in Slovakia and led to the immediate suspension of nine police officers. Additional investigation into the incident is continuing. In a less widely reported incident on April 4, 10 Romani men traveling to a construction site were attacked on a bus in Bratislava. Three of them had to be hospitalized. Off the Front Pages and Under the Bridges While these incidents have all garnered headlines, a broad range of chronic problems continue to gnaw away at the fabric of Romani life, including endemic discrimination in education, employment, and social services. Discrimination in housing has a multiplier effect on the lives of Roma, and large-scale forced evictions of Roma are a regular occurrence in many parts of the OSCE region. As a consequence, some Romani families that have been settled for generations find themselves forced into a kind of 21st century involuntary “nomadism.” At the same time, deeply entrenched stereotypes about exotic Roma lifestyles have made it easier for majority societies to ignore the long-term implications of social policies that further marginalize Romani children. On March 13, Amnesty International expressed concern about imminent plans by authorities in Milan to evict a community of some 150 Roma living under an overpass. Amnesty noted that there appeared to be no provision of adequate alternative housing and, accordingly, the Roma were at risk of falling into a cycle of such evictions. Similarly, on International Roma Day, Human Rights Watch drew attention to the plight of 47 Roma families forcibly evicted in Belgrade on April 3, 2009. They were removed from housing that was deemed by authorities to be “substandard” – but the families were left without an adequate alternative. In Kosovo, several NGOs, as well as the Ombudsman Institution, noted that Roma continue to live in lead-contaminated areas of northern Mitrovica, and called for their immediate and sustainable relocation. In Romania, NGOs continue to monitor displacements of Roma in Miercurea Ciuc, Piatra Neamt, and elsewhere – displacements that are hard to reconcile with a stated government policy of integrating Roma and improving access to education for Romani children. Aberrations or Trends? As reflected in the joint statement issued on International Roma Day by the EU Agency for Fundamental Rights, the Council of Europe Commissioner for Human Rights, the OSCE Office for Democratic Institutions and Human Rights and the OSCE High Commissioner on National Minorities, many observers are concerned that Roma will be the scapegoats of the current economic crisis. Yet the ongoing wave of violence against Roma escalated in Hungary and Italy for many months before the onset of the current economic crisis, and is therefore most likely rooted in longstanding prejudices against Roma. Accordingly, it is necessary for governments to re-double their efforts to combat prejudice against Roma. Given that much of contemporary bigotry against Roma still exploits the racist ideology grounded in 20th century eugenics most notoriously embraced by the Nazis, raising awareness of the content of that ideology, as it applied to Roma, is critical. Some governments have, in fact, improved efforts to commemorate Romani Holocaust losses – including Hungary, Romania, and Slovakia. More of this effort needs to be brought into the classroom and, of course, reflected in the discourse of public leaders. Statement on International Roma Day U.S. Committed to Protecting and Promoting the Human Rights of Roma United States Mission to the OSCE Statement on International Roma Day As prepared for delivery by Chargé d' Affaires Kyle Scott to the Permanent Council, Vienna April 2, 2009 Madam Chairwoman, On April 8, we will celebrate International Roma Day, an opportunity to call attention to the history, experiences, and human rights of Europe’s largest ethnic minority. The United States is committed to protecting and promoting the human rights of Roma. Despite important progress that has been made in the last decade, too many Roma still live on the margins of society. Roma continue to experience racial profiling, violence, discrimination, and other human rights abuses. Too often, they lack identity documents or citizenship papers, which exclude them from voting, social services, education, and employment opportunities. During the last year, the participating States and the OSCE have given much-needed attention to the situation of Roma, including through the Supplementary Human Dimension Meeting last July, the visits by the High Commissioner on National Minorities and the ODIHR to Italy, and in our Ministerial Decision 6/08 adopted in Helsinki. We look forward to the discussion of early education for Romani children during the Human Dimension Implementation Meeting in Warsaw later this year. The United States also welcomes efforts by governments and nongovernmental organizations to ensure that the genocide of European Roma is never forgotten. We encourage all participating States to consider ways to better incorporate the genocide of European Roma into educational curricula, including the publication this month of a book in Romania on the deportation of Roma to Transnistria. We note that a monument to Romani victims of the “Porajmos,” the term some Roma use to describe Nazi attempts to exterminate Romani people of Europe during the Holocaust, will be unveiled in Berlin later this year, and also welcome plans to establish an educational and documentation center on the site of a former Romani concentration camp in South Moravia. Unfortunately, as Council of Europe Human Rights Commissioner Thomas Hammarberg observed at the 2007 HDIM, even after the genocide of Roma, “there was no genuine change of attitude among the majority population towards the Roma.” Today, in some of OSCE participating States, local officials continue to describe Roma as “unadaptable,” routinely using a Nazi-era term. Governments have a special responsibility to ensure that minority communities have the tools of opportunity that they need to succeed as productive and responsible members of society. The United States is deeply concerned about the escalation of anti-Roma hate crimes in some OSCE participating States. In this regard, we would welcome information from the Italian delegation regarding efforts to prosecute individuals for participating in mob attacks on Romani camps in 2007 and 2008, when Italian police provided protection to camp residents. We also support efforts by the Hungarian government to prosecute those responsible for recent violent attacks against Roma, including the February murder of Robert Csorba and his five-year-old son. In closing, the United States urges OSCE participating States to honor their commitment—first made a decade ago at the 1999 Istanbul Summit—to ensure that national laws and policies fully respect the rights of Roma. Furthermore, governments must commit to effectively enforcing these laws. Thank you, Madam Chairwoman.

  • Helsinki Commission Staff Examine Impact of International Efforts in Kosovo on Human Rights

    By Clifford Bond and Robert Hand Helsinki Commission Staff In early December 2008, Helsinki Commission staff visited Kosovo to review the changing mandates of a wide range of international actors in Kosovo. The visit coincided with the European Union’s deployment of a Rule of Law Mission in Kosovo, known as EULEX, which took place successfully but revealed the potential for regional instability. The Commission staff delegation met with a variety of international and local actors in Pristina, Kosovo’s capital. It traveled to the Visoki Decani, a monastery of the Serbian Orthodox Church where it met with church representatives, and to the nearby town of Peja/Pec where it met with field representatives of the International Civilian Office (ICO) and the OSCE. The delegation also visited both sides of the divided northern city of Mitrovica where it visited displacement camps and the rebuilt neighborhood for the city’s Romani population in addition to other meetings. The International Community Kosovo asserted its independent statehood in February 2008, in the context of the plan put forward by former Finnish President, UN official, and Nobel laureate Martti Ahtisaari. In so doing, Kosovo’s leadership pledged to implement the plan in full, which means accepting international supervision and providing decentralized authority and numerous rights and privileges to the Serb and, to a lesser extent, other minority communities. The Ahtisaari plan, however, assumes agreement by all parties, but Serbia, backed by Russia at the United Nations, refuses to accept the loss of what it considers still to be its province. The United States and most European countries have recognized Kosovo’s independence, but a few European Union members remain either reluctant or strongly against doing so, either due to ties with Serbia or fear of separatist movements within their own borders. Spain was frequently singled out as the one country that not only opposes Kosovo’s independence but seems intent on undermining its recognition by others. Combined with the widespread need for consensus decision-making, most of the international community’s field missions must, to one degree or another, act neutrally on questions of status, to the detriment of their effectiveness and the enormous frustration of Kosovar Albanians who desire that Kosovo’s independence be respected. The EULEX deployment brought these differing perspectives to the fore. In order to obtain an EU-wide agreement, a UN blessing and the acquiescence of Belgrade and local Serbs under Belgrade’s control, a compromise effort known as the UN Secretary General Ban Ki-moon’s “6-point plan” was put forward that prompted angry protest among the Kosovar Albanian majority and an official rejection from Pristina. Posters throughout the city proclaimed EULEX to be “Made in Serbia”. After several delays and despite continued ambiguity regarding which government was the actual host, the Mission deployed on December 9 throughout Kosovo, not just in areas under Pristina’s control. That the deployment proceeded smoothly and peacefully was viewed as a success, although ambiguities purposefully placed in its mandate to allow both Albanians and Serbs to maintain their positions, as well as the lack of political oversight and coordination among EULEX’s three areas of responsibility (police, courts and customs), likely mean that EULEX will face additional tests of its resolve in the future. For now, the most noteworthy result of the deployment is the anticipated end of inefficient UNMiK operations, which have come to symbolize the holding pattern in which Kosovo has found itself since 1999. The deployment could also signal a more cooperative tone among Kosovo’s Serbs. In northern Mitrovica and contiguous areas bordering Serbia, there are signs that Belgrade may no longer support more militant and corrupt Kosovo Serb leaders. In the enclaves to the south, where the majority of Kosovo Serbs live, there may also be more room for local accommodation and inter-ethnic cooperation, with questions of status put to the side. Following Serbian elections in May that strengthened pro-democratic and pro-European forces in society, Belgrade seems to want at least more transparency and accountability in the “parallel institutions” it has so far financed, and it may try to reduce its subsidies. It also seems to want to avoid violence, especially any violence that could be blamed on the Serb side. It is unclear how far it will push to assert control and responsibility in light of UNMiK’s dwindling role, or whether it will allow EULEX and eventually the ICO to fill the void. Unfortunately, divisions within the European Union almost invite continued Serbian intransigence. Without being given a clear choice between trying to hold onto Kosovo and achieving European integration, the Serbian Government still plays the “Kosovo card,” which garners popular support at home without any apparent repercussions. The situation on the Kosovar Albanian side is a bit clearer. Despite internal political posturing, there is really little difference within this community when it comes to defending Kosovo’s independence. The deliberations that led the EULEX deployment pushed the Kosovo government about as far as it could go. While the achievement of independence has so far made the Ahtisaari plan worth embracing, many of its provisions relating to Serb communities have been no easy sell, especially in the many localities where nationalism and intolerance continue to prevail. When governments of European countries which have recognized Kosovo’s independence nevertheless treat it as something less than an independent and sovereign state, the Kosovars are naturally outraged and increasingly distrustful. This could be countered somewhat by the establishment of embassies in the capitals of those countries who have thus far recognized Kosovo, particularly in Europe, staffed by competent diplomats in order to ensure that the Kosovo point-of-view is made clear to policy-makers. The United States should also counter European diplomatic tendencies to placate traditional regional powers and treat the new states of Europe as second-class states. In the meantime, as those in government may try to adhere to their Ahtisaari commitments, those in opposition have also been able to capitalize on the situation. This poses a challenge to Kosovo’s shaky democratic institutions, which are still very much in transition. Some have expressed concern that the further development of democratic capacities could be thwarted by the need to meet unpopular international demands. While EULEX moves forward and UNMiK winds down, other international players need to find their role. As one analyst commented, the international community has lost the coherence of its structure and has become a confusing maze to local parties. The International Civilian Office is perhaps the most important, yet vulnerable, of the current players. A creation of the Ahtisaari plan, it is by definition not status neutral, and has a relatively strong mandate to supervise post-status Kosovo. Serb opposition to cooperation with the ICO makes this difficult, but the hesitancy of the status-neutral players to cooperate, coordinate and support the ICO will severely weaken its effectiveness to Kosovo’s long-term detriment. The OSCE Mission in Kosovo, the organization’s largest, is facing even more difficult times. Once known for its solid monitoring of events throughout Kosovo and for developing democratic capacity, the early threat of Belgrade and Moscow to close the Mission cast a shadow over its future and a considerable portion of its personnel have moved to the ICO or otherwise left the OSCE in Kosovo. Mission leadership has also been controversial; while this may have stabilized with a new Head of Mission, the OSCE lost some serious ground. Most interlocutors felt that the Mission is a bit oversized, and needs to focus on core areas such as promoting free media, human rights and inter-ethnic dialogue, where the OSCE has genuine expertise and credibility. KFOR, the NATO-led peacekeeping force, seems to be the one constant of the international presence that garners unquestioned respect and seems prepared to handle whatever instability may lie ahead. It is the acknowledged last resort for providing security, but its presence helps ensure a security baseline that will deter provocations and enhance confidence at the local level. KFOR representatives seem confident that lessons were learned from the violence of 2004 and that greater flexibility across lines of operations, more consistent rules for engagement and an unwillingness to let the particulars of status from getting in its way will be effective in keeping the peace in Kosovo. A Need for Dialogue Many of the problems which exist among both the Kosovar Albanian majority and the Kosovo Serb minority could be resolved through greater dialogue, both within Kosovo and between Belgrade and Pristina. There is some effort to achieve this through civic organizations and religious institutions, as well as business contacts. There is also some interaction in technical areas such as regarding missing persons from the 1998-99 conflict, or in the reconstruction of churches and other religious sites damaged or destroyed in the March 2004 riots. Unfortunately, a suitable venue for direct contact between Belgrade and Pristina needs to be found. Pristina is ready, at least in principle, but Belgrade is not. One area where the Kosovo authorities could act more swiftly, without precondition, and likely to their own long-term benefit, is the resolution of outstanding property claims. The resolution of property claims is a major hindrance to the return of displaced persons, and it holds up legal usage of property even when a return is unlikely. In some cases at least, displaced Serbs and others may only wish to get their property back so they can sell it. While there may be solid reasons for wanting to encourage displaced persons to return to Kosovo -- and some efforts to do this were underway in December – ultimately each individual needs only the opportunity to make a free choice. To do this, those with outstanding property claims need to have their cases resolved. The issue of property claims came up repeatedly in meetings, and seems a greater issue than security and freedom of movement at present. Some hope the EULEX deployment could provide a second chance for property restitutions and returns. Both sides, but especially some Kosovo leaders who formerly fought with the Kosovo Liberation Army (KLA), could probably also help facilitate the resolution of more missing persons cases, of which just under 2,000 remain. While there has been success in bringing government representatives and surviving family members together under international auspices, local efforts to help locate grave sites appear to be half-hearted, at best. It is unlikely that progress in this area will enhance community reconciliation efforts in any major way, but a positive signal to do more could lead to a broadening of dialogue on other issues. Ultimately, this remains a humanitarian issue that deserves additional effort no matter what. At present, Kosovo authorities seem committed to implementing the Ahtsaari plan in its entirety. Relevant laws have been passed, and those involved in developing local self-government seem committed to implementation. The real test, of course, will come when the Kosovo Serbs decide to respond and engage and are able to do so without worry of retribution from Belgrade. One local analyst noted that developing the necessary trust between the two sides will be a process, and should be taken one step at a time rather than pushed. The Plight of Roma in the North A continual concern to the Helsinki Commission has been the plight of displaced Roma in northern Mitrovica, most of whom fled their original neighborhood, or mahalla, which was destroyed in 1999. Growing criticism of the conditions in the camps, particularly the health hazards caused by lead contamination, finally convinced the international community in 2005 first to establish a temporary relocation facility that was safer and to make a concentrated effort to rebuild housing where the original mahalla in the south was located. Romani families resisted the move, due to warranted lack of trust in the international community and a lack of awareness of how severe the health threat really was. Local Serbian leaders as well as Romani community leaders living elsewhere in Europe, however, originally also did much to discourage the move, both benefiting from a situation in which successful returns did not take place. Commission staff visited the last of the original camps, Cesmin Lug, as well as the new camp adjacent to it, a former KFOR base known as Osterode. They also visited the original mahalla, which had additional apartment buildings and some private houses constructed since the last Commission visit in May 2007. Despite the availability of housing, residents of the camps continue to resist moving, despite continued concerns about health conditions. Local Serbian leaders, who now want the land where Osterode is located, seem no longer to be discouraging the move, and Roma living abroad likewise seem to have less influence on the situation. Security for Roma in the south, once a concern, seems less so now. Those who remain in the camps seem primarily motivated by a continued distrust of the international community as well as lingering hopes for a better offer. The inability of the local economy to provide income, particularly in the south, also plays a significant role, as does the desire to keep children in Serb-run schools, despite being segregated into separate classes. Meanwhile, there is increasing pressure from foreign governments to prioritize the resettling of Kosovo Roma they intend to deport, rather than those displaced in Kosovo and living in camps. It is clear that, while there has been some progress on this issue, a limited set of additional options will need to be considered to resolve the situation, including the possibility of permanent resettlement in the north.

  • Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent

    By Mischa E. Thompson, Policy Advisor Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region. Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc. While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed. From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective. Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation. The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.) This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes. Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination. Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date. A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report. Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth. Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics). Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions

    This hearing was one in a series focused on efforts to combat intolerance in the OSCE region.  In spite of initiatives to address racism around the world, there have been worrying developments that warrant an increased focus on this issue.  The witnesses discussed the shift from a focus on racism and xenophobia to one on migration and integration.  Several witnesses expressed concern that this ignored the diversity of many European countries.  

  • Italian Fingerprinting Targeting Romani Communities Triggers Protests; OSCE Pledges Fact-Finding

    By Erika B. Schlager, Counsel for International Law On July 10 and 11, the OSCE participating States held the 2nd of this year’s three Supplementary Human Dimension Meetings (SHDMs). This meeting, formally devoted to consideration of “Sustainable Policies for Roma and Sinti Integration,” also became a forum to protest Italy’s announced plans to fingerprint Roma and Sinti – and no one else. (“Sinti” is the term of self-ascription used by a Romani people primarily in historically German-speaking areas of Europe.) The OSCE’s newly appointed Director of the Office for Democratic Institutions and Human Rights, Janez Lenarcic, announced at the meeting’s opening that the OSCE and Council of Europe would undertake a fact-finding trip to Italy to examine the situation of the Roma there. Overview of Meeting The OSCE holds three Supplementary Human Dimension Meetings each year. These are two-day human rights meetings held in Vienna, Austria (where the OSCE is headquartered). As originally conceived, these meetings are intended to bring topical human rights issues closer to the Permanent Council of the 56 participating States, the key decision-making body of the OSCE. The topics for the SHDMs are chosen by the OSCE Chair-in-Office (a post currently held by Finland), in consultation with the participating States. The SHDMs augment the annual two-week human dimension implementation review, typically held in the fall in Warsaw. Participants at this meeting included representatives from the national delegations to the OSCE in Vienna; government representatives from capitals (including from offices or departments specializing in Romani concerns); local authorities with responsibility for implementing policies relating to Romani minorities; representatives of Romani and other non-governmental organizations (NGO); and international organizations (such as the Council of Europe and United Nations Development Program). The meeting was divided into successive sessions: 1) an opening session which included keynote remarks presented by Romanian Government State Secretary Gruia Bumba, head of Romania’s National Agency for Roma; 2) a session on the role and responsibility of regional and local authorities to assist in integrating Roma; 3) a session on good practices and major challenges in improving the situation of Roma at the local level; 4) a session on policies to facilitate equal access of Roma and Sinti to public services and education; and 5) closing remarks. These discussions were enriched by the insights of officials actually implementing policies or programs relating to Roma at the local or regional level, including the Head of the Unit of Attention for the Roma Community from the Catalan Government in Spain; the Director of Empowering Social Work and Basic Security from the City of Jyvaskyla, Finland; the Vice Mayor of the City of Bologna, Italy; and the Mayor of Trikala, Greece, among others. In addition to these formal sessions, a civil society round-table was held on the morning of the first day, enabling Romani civil society representatives to present shared concerns to the OSCE participating States during the opening session. Three additional side events were held on: the effective use of the European Court of Human Rights judgments; building partnerships between Romani communities and local authorities; and fundament rights and freedom of Roma in Italy. The Italian Job As a practical matter, the advanced planning time-line required for these meetings makes it difficult to select topics that are particularly time-sensitive or reflect breaking developments. The timing of this particular SHDM, however, more-or-less coincided with the announcement by the Italian Government that Roma and Sinti – including European Union citizens – would be singled out for fingerprinting by the country’s law enforcement authorities. As a consequence, the meeting was sharply punctuated by discussions of developments in Italy. The fingerprinting plan, reportedly to be administered with the collection of data on ethnicity and religion, is the latest culmination of a growing anti-migrant and anti-Roma sentiment in Italy. Intolerance in Italy escalated with the latest wave of EU expansion, after which an increased number of Romanian nationals went to Italy to work; a weakened Italian economy; and the election earlier this year of political leaders who campaigned on an anti-immigrant platform. Sharp criticism of the situation in Italy was therefore a reoccurring theme, beginning with a protest action at the opening session. At a pre-determined moment, several dozen non-governmental activists rose in unison, many wearing t-shirts bearing the image of an out-sized fingerprint and the words “no ethnic profiling” over it, or holding enlarged photos of Romani camps that had been torched by mobs in Italy. They demanded an end to the selective fingerprinting of Roma. Moreover, one Romani non-governmental representative observed that no perpetrators have been held accountable for torching Romani camps or other acts of violence and warned that, if unchecked, such violence would surely result in deaths. He called on Italy to report to the upcoming Human Dimension Implementation Meeting on actions taken to hold perpetrators accountable. On the second day of the meeting, a similar group gathered in front of the OSCE’s meeting site, and marched through Vienna to the offices of the EU’s Fundamental Rights Agency. Then, at the side event focused on the situation in Italy, a coalition of NGOs (the European Roma Rights Center, the Open Society Institute, the Centre on Housing Rights and Evictions, Romani CRISS and the Roma Civic Alliance of Romania) launched a report on Italy outlining the “extreme degradation of Roma rights in Italy.” NGO representatives who had visited destroyed camps described finding toys and clothes left behind, as victims fled with nothing but the clothes on their backs. Italy was well represented at the meeting by representatives from their permanent delegation to the OSCE as well from the Ministry of Interior. They came to all events, including to the side event on the situation of Roma in Italy, and responded politely to the issues raised. In particular, Italian authorities claimed that manifestations of racism against Roma had been widely condemned in Italy. Notwithstanding their conciliatory demeanor, Italian officials stood by their plans to move ahead with the fingerprinting operation targeting Romani communities. In this context, it was particularly interesting to hear an alternative view from a local government official from Bologna. She clearly sought to distance herself from the national policies under fire, and described the challenges local officials had absorbing or responding to an increased number of Romani migrants, without assistance from or a strategic plan on the part of the national government. The Romanian Government was restrained, but circulated a formal document of protest, “request[ing] the European Union to recommend the Italian Government to give up the fingerprinting measures of Roma persons and to observe and enforce the aquis communitaire regarding the fundamental rights of European Union citizens, including of Romanian citizens of Roma origin.” Although the ECONOMIST recently described Europe’s diverse and dispersed Romani communities as “bound only by music,” one might have added, “and an extensive network of electronic devices.” Even as the OSCE held its human dimension meeting in Vienna, email messages arrived on participants’ cell phones and blackberries reporting that the European Union Parliament had adopted a resolution calling on Italy to stop the fingerprinting.

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