Speech Regarding Normalized Trade Relations with Serbia Montenegro

Speech Regarding Normalized Trade Relations with Serbia Montenegro

Hon.
Christopher H. Smith
United States
House of Representatives
108th Congress Congress
First Session Session
Friday, March 07, 2003

Mr. Speaker, a decade ago we began witnesses to genocide in Europe. By stirring up nationalism, harassing opposition and intimidating the population as a whole to go along with his plans, the regime of Slobodan Milosevic led Serbia into a war of aggression against its neighbors within the former Yugoslavia. Millions were displaced, hundreds of thousands killed and tens of thousands raped or tortured, particularly in Bosnia-Herzegovina. In response, largely at the urging of the U.S. Congress, sanctions were put into place and, ultimately, military intervention was employed to stop Milosevic.

 

In 2000, the voters of Serbia removed Milosevic from power. In place of his regime, an opposition consisting of genuine reformers and true democrats along with a fair share of Serbian nationalists took control of government. Since that time, the ruling opposition fell into polarized camps, making recovery and reform difficult. This situation also created a challenge in U.S. foreign policy. On the one hand, the United States wants to encourage Belgrade and facilitate reform. On the other, the United States must ensure that the legacy of Slobodan Milosevic has been fully shed, a prerequisite for recovery throughout southeastern Europe.

 

The Miscellaneous Tariff Bill, H.R. 1047, considered yesterday contains a provision granting the President the authority to restore normalized trade relations for Serbia and Montenegro. I support this provision; normalized trade relations should be restored. Whatever problems might remain, the fact is that there has been progress since Milosevic was removed from power, and Serbia and Montenegro should not be placed on the same list of states not granted normalized trade relations as Cuba, North Korea or Laos. Other countries with far worse records, including Belarus and the Central Asian states, at least receive the benefits of normalized trade relations on a conditional basis which Serbia and Montenegro is denied.

 

By fixing this, I hope Belgrade recognizes that we want reforms to succeed and recovery and reform take place. Belgrade also needs to know, Mr. Speaker, that restoring NTR does not mean satisfaction with Belgrade's performance to date. While there has been progress, that progress has been too slow, and some issues remain unresolved. Chief among these issues is Belgrade continued resistance to full cooperation with the International Criminal Tribunal for the Former Yugoslavia, located in The Hague. It is especially outrageous that persons responsible for the crimes committed at Vukovar and Srebrenica continue to be at large and perhaps even protected by Yugoslav or Serbian authorities.

 

While trade relations may not be conditioned on further progress, U.S. bilateral assistance to Serbia is. If there is not a major improvement in Belgrade's cooperation with The Hague by June 15, assistance to Serbia will stop. The Administration must certify progress before assistance continues past that date, and the State Department has made clear that a precondition for certification is the apprehension and transfer of Ratko Mladic, indicted for the massacre of thousands at Srebrenica, and Veselin Sljivancanin and Miroslav Radic, indicted for their role in the massacre of about 200 individuals taken from a hospital in Vukovar, Croatia.

 

As co-chairman of the Helsinki Commission, I urge Belgrade not only to meet their international obligations relating to ICTY not just to the point of obtaining certification for another year. Cooperation should be full. Only then can the conditionality on assistance be removed for good.

Relevant countries: 
Leadership: 
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  • Helsinki Commission Chair Honored by Voices of the Bosnian Genocide

    WASHINGTON—Voices of the Bosnian Genocide honored Helsinki Commission Chair Rep. Chris Smith (NJ-04) on Thursday with an award recognizing his efforts to ensure that the genocide at Srebrenica is acknowledged. “It is moving to receive this award from young people, many of whom are survivors of the genocide or lost relatives at Srebrenica and are now working to promote human rights,” said Rep. Smith. “Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide, although shockingly, there are those who continue to deny that the policies of aggression and ethnic cleansing implemented by Serb forces meet that criteria.” For more than 20 years, Rep. Smith has worked tirelessly to see that the perpetrators of the horrific acts at Srebrenica and elsewhere in Bosnia-Herzegovina are punished and that closure is provided to survivors and victims’ families. In July 2015, Rep. Smith authored H. Res. 310 defining the Srebrenica massacre as a genocide, which was passed unanimously by the U.S. House of Representatives.   Voices of the Bosnian Genocide is a Seattle-based nonprofit organization devoted to raising awareness and educating the public about the genocide that took place in Bosnia-Herzegovina in the 1990s and the ongoing effects that the genocide is having on Bosnia and the world. The group is made up of individuals who are passionate about genocide education and prevention and human rights.

  • The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

    Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments.  In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners.  Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act.  At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. 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Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.  The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Europe's Refugee Crisis: How Should the US, EU and OSCE Respond?

    This hearing, held on October 20, 2015, discussed possible responses to the Syrian refugee crisis.  Witnesses, including representatives from the American and Serbian governments, the UNHCR, the European Union, and non-profit groups working with refugees, highlighted the scale and intensity of the crisis.  Many of the witnesses also emphasized the need for cooperation among governments and between governments and non-profit organizations in addressing this crisis.

  • Smith Calls for Action on Worst Refugee Crisis in Europe since WWII

    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers scrutinized actions being taken to deal with Europe’s largest refugee crisis since World War II by the United States, European governments, regional bodies like the OSCE and the EU, and civil society. The Commission also reviewed recommendations on developing a long-term solution to the crisis. “The European crisis requires a response that is European, national, and international. There must be effective coordination and communication directly between countries as well as through and with entities like the OSCE and European Union,” said Rep. Smith, who called today’s hearing. “There is real human need and desperation. Refugees are entrusting themselves to smugglers and where there is human smuggling there is a higher risk of human trafficking,” he continued. “There is also the real threat that terrorist groups like ISIS will infiltrate these massive movements of people to kill civilians in Europe and beyond. I am deeply concerned that the screening at many European borders is inadequate and putting lives at risk. All of us must be responsive to the humanitarian needs without compromising one iota on security.” Smith said that “given the disproportionate number of men fleeing to Europe and potentially soon to the United States – currently only 14 percent of the refugees and migrants arriving via the Mediterranean Sea are women, 20 percent are children, and the remaining 65 percent are men – robust vetting is essential. We must ensure that lone wolf terrorists don’t turn into wolf packs.” Smith noted that during the conflict in Kosovo, he travelled to Stenkovec refugee camp in Macedonia and was at the McGuire Air Force Base in New Jersey to welcome some of the 4,400 people brought from there to the United States. A refugee – Agron Abdullahu – was apprehended and sent to jail in 2008 for supplying guns and ammunition to the “Fort Dix 5,” a group of terrorists who were also sent to prison for plotting to kill American soldiers at the Fort Dix military installation. Given Secretary Kerry’s announcement in September that the United States intended to resettle at least 85,000 refugees in fiscal year 2016, including at least 10,000 Syrians, and at least 100,000 refugees in fiscal year 2017, “The United State and Europe must be on high alert to weed out terrorists from real refugees,” Smith said. He added, “ISIS has committed genocide, mass atrocities, and war crimes, against Christians and other minorities. Religious and ethnic minorities often have additional risks and vulnerabilities even as refugees and should be prioritized for resettlement.”   Witnesses testifying at the hearing focused on the root causes of the refugee crisis as well as the current measures being put into place to help mitigate the humanitarian impact and ensure that security and economic challenges are addressed. In addition, witnesses emphasized the importance of a shared and coordinated response by all actors involved to ensure a long-term solution to the crisis. “It’s a very challenging situation,” said Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration. “The scale of this migration is much bigger than before.” “The US government has a three-pronged approach: strong levels of humanitarian assistance; active diplomacy; and expanded refugee resettlement,” she continued. “Without our support, more people would be making the dangerous journey to the north.” “Europe is facing its biggest refugee influx in decades. UNHCR is calling upon the European Union to provide an immediate and life-saving response to the thousands of refugees as they are crossing the Mediterranean and making their way through Europe,” said Shelly Pitterman, Regional Representative to the United States and Caribbean, Office of the United Nations High Commissioner for Refugees. “Europe can no longer afford to continue with this fragmented approach that undermines efforts to rebuild responsibility, solidarity and trust among states, and is creating chaos and desperation among thousands of refugee women, men and children. After the many gestures by governments and citizens across Europe to welcome refugees, the focus now needs to be on a robust, joint European response.” “The ongoing refugee crisis is not a European crisis. It is a global crisis, fueled by conflicts, inequality and poverty, the consequences of which unfolded in Europe but the roots of which are far away from our continent,” noted EU Ambassador to the United States David O’Sullivan. “The EU and its Member States are firmly committed to the promotion and protection of the human rights of migrants. Despite the influx, we do not remove or return genuine refugees, we respect the fundamental rights of all persons arriving in the EU, and we invest major resources in saving lives at sea.” Djerdj Matkovic, Ambassador of the Republic of Serbia to the United States, said, “The OSCE region is witnessing the largest refugee influx in decades. Apart from being a significant economic challenge, this is a process with potentially very serious security implications and the cause of concern in regards to the respect for human rights… As the presiding country [of the OSCE] Serbia recognizes the importance of this issue and is trying to provide more active and concrete approach of the OSCE in addressing it. In light of this bleak security situation and looming instability, it is paramount that all the mechanisms that were designed and adopted by the participating States to oversee the implementation of commitments are strong and functioning.” Sean Callahan, chief operating officer of Catholic Relief Services, observed, “As global leaders in international humanitarian and refugee response, the US and Europe must find new and creative ways to help to alleviate this suffering and protect the vulnerable.  Pope Francis has led in this effort to do more by asking every Catholic parish in Europe to reach out and assist the refugees; he reminds us of our moral obligation to help the stranger... Despite efforts by [international NGOs] like CRS, local civil societies, governments, and non-traditional donors, the despair of so many refugees indicates that assistance must move beyond short-term band-aids to longer-term solutions.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Senator John Boozman (AR), Senator Jeanne Shaheen (NH), Representative Michael Burgess (TX-26), Representative Randy Hultgren (IL-14), and Representative Joe Pitts (PA-16).

  • Russian Rule-of-Law Abuses to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies” Wednesday, October 21 2:00 PM Rayburn House Office Building Room 2255 Live Webcast: http://bit.ly/1VRaf3G The actions of the Russian government have raised questions about Russia’s failure to respect its commitment to the rule of law in the areas of military security, commerce, and laws bearing on human rights – each corresponding to one of the three dimensions of security established by the Organization for Security and Cooperation in Europe (OSCE).   Using the Helsinki Final Act as a basis for discussion, the hearing will focus on security violations of the Budapest Memorandum; the Conventional Armed Forces in Europe (CFE), Open Skies, Intermediate Range Nuclear Forces (INF) treaties, and the Vienna Document.  Regarding international legal and commercial agreements such as the Energy Charter Treaty, the New York Convention and bilateral investment treaties the hearing will review developments in the Yukos Oil case.  On human rights, it will inquire into cases of abduction/unjust imprisonment, torture, and abuse, including those of Nadiya Savchenko, Oleg Sentsov, and Eston Kover.   The following witnesses are scheduled to testify: Vladimir Kara-Murza, Coordinator, Open Russia Movement Alan Larson, Senior International Policy Advisor with Covington & Burlington LLP, former Under Secretary of State for Economics and Career Ambassador, U.S. State Department      Tim Osborne, Executive Director of GML Ltd. - the majority owner of the now liquidated Yukos Oil Company Stephen Rademaker, Principal with the Podesta Group, Former Assistant Secretary of State for the U.S. State Department Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Helsinki Commission Announces Hearing to Examine Europe's Refugee Crisis

    Europe is experiencing an enormous refugee crisis. An estimated half a million migrants and refugees have crossed the Mediterranean to Europe so far in 2015; as many as 50 percent are Syrian refugees.  Thousands more join them each day, and many of the European nations of the Organization for Security and Cooperation in Europe (OSCE) are struggling to cope.

    As the regional security organization in Europe, how can the OSCE use its tools, standards, and commitments to help manage the humanitarian crisis and ensure that security and economic challenges are addressed? What has the US government done, and what should it be doing? The hearing will examine the reasons for the current crisis; relevant OSCE and other European agreements, commitments, and structures; the response of the OSCE, the EU, and the US; potential security issues related to the ability of extremists to infiltrate the refugee stream; and the potential for refugees to become victims of human trafficking.

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Helsinki Commission Chair Deplores Attack on Serbian Prime Minister during Srebrenica Commemoration

    WASHINGTON—Following the stone-throwing attack on Serbian Prime Minister Aleksandar Vucic at Saturday’s ceremony commemorating the 20th anniversary of the Srebrenica genocide, Helsinki Commission Chair Rep. Chris Smith (NJ-04) issued the following statement: “Such violence is unworthy of the memory of the thousands of innocent civilians who were massacred in the genocide 20 years ago. Prime Minister Vucic’s attendance at the ceremony demonstrated a willingness to seek reconciliation and learn from the past.  I add my voice to those who have condemned the mob attack in the strongest possible terms and I urge the Bosnian authorities to take the necessary steps to apprehend and prosecute those responsible.” Rep. Smith is the author of the recently passed H. Res. 310, which affirms that the policies of aggression and ethnic cleansing implemented by Serb forces at Srebrenica constituted genocide, and condemns statements denying that the massacres meet the definition of genocide. Since 1995, Rep. Smith has worked to see that the perpetrators of the horrific acts at Srebrenica are punished and that closure is provided to survivors and victims’ families.

  • Urging Passage of H. Res. 310

    Madam Speaker, this week, the world pauses to remember and reflect on the Srebrenica genocide, horrific acts of brutality, wanton cruelty, and mass murder committed in Srebrenica beginning July 11, 20 years ago. This week, we pause to honor those brave Bosniaks who suffered and died, victims of genocide. This week, the people in the United States and men and women of goodwill throughout the world again extend our deepest condolences and respect to the mothers and surviving family members who have endured unspeakable sorrow and loss that time will never abate. And this week, the international community must recommit itself to justice, once and for all, for those who perpetrated these heinous crimes. Today, Ratko Mladic and Radovan Karadzic are incarcerated, awaiting final disposition of their cases before the International Tribunal for the former Yugoslavia for multiple counts of genocide, crimes against humanity, and violations of laws and customs of war. Twenty years ago, Madam Speaker, an estimated 8,000 people were systematically slaughtered by Bosnian Serb soldiers in the United Nations-designated “safe haven” area of Srebrenica. They killed Muslim women and children, but especially sought out and murdered adult males in that area. These brutal killings were not committed in battle. They were committed against people who were unarmed and helpless and who had been repeatedly assured by Dutch peacekeepers that they would not be harmed if they surrendered. The evidence is overwhelming that the executions were committed with the specific intention of destroying the Bosnian Muslim population of that area. This intention is the central element in the crime of genocide. The U.N. peacekeeping forces in Srebrenica were charged with enforcing Security Council Resolution 836, which had pledged to defend the safe areas with “all necessary means, including the use of force.” But when the moment of truth came, the U.N. forces offered only token resistance to the Serb offensive. Their military and political commanders had redefined their primary mission not as the protection of the people of Srebrenica, but as the safety of the U.N. forces themselves. When Bosnian Serb Commander Ratko Mladic threatened violence against the blue- helmeted soldiers here is the way one of those soldiers described the reaction. And I quote him: ‘‘everybody got a fright. You could easily get killed in such an operation. As far as I knew, we had not been sent to Srebrenica to defend the enclave, but, rather, as some kind of spruced-up observers.’’ So that is what the peacekeepers became: observers to genocide. Soon they became something more than observers: enablers. On July 13, the Dutch blue-helmet battalion handed Bosnian Muslims who had sought safety within the U.N. compound over to the Serbs. They watched as the men were separated from the women and children, a process which was already well known in Bosnia—it was at the time—as a sign that the men were in imminent danger of being executed. These men were never heard from again. At one congressional hearing I chaired in March of 1998—and I had six of them— Hasan Nuhanovic, the indigenous translator working for the U.N. peacekeepers in Srebrenica, testified. He was there in the room. Hasan lost his family in the genocide. He was there when Mladic and the commanders of the Dutch peacekeepers talked about the terms. Here is what he told my panel, in part: “On July 12, the day before the fall of Srebrenica, the Bosnian Serb Army commander, General Ratko Mladic, requested a meeting with the Dutchbat commander, Lieutenant Colonel Karemans, and local representatives of Srebrenica in the nearby town of Bratunac outside the enclave . . . During the meeting, Mladic assured the Dutch and local delegation that no harm would come to the refugees in Potocari . . . “Upon returning to the camp, three local representatives are ordered by Dutchbat deputy commander, Major Franken, to prepare a list of all males, all men and boys between the ages of 16 and 65 among the refugees inside and outside the camp. The list of the males among the 6,000 inside the camp was completed the same day . . . “On July 13, the Dutch ordered 6,000 refugees out of the Potocari camp. The Serbs were waiting at the gate, separating all males from the women and children. Major Franken stated that all the males whose names were on the list would be safe . . . I watched my parents and my brother being handed over to the Serbs at the gate. None of them have been seen since. “I want to explain here that the people hoped that the Dutch were going to protect them, the U.N. peacekeeping troops and all other members of all other organization who were present in Srebrenica who were inside the camp, the people hoped that they would be protected, but the Dutch soldiers and officer gave no other option to the refugees but to leave. So the refugees inside were told to leave without any other choice. My family was told on the evening of 13 July that they should leave. About 6 p.m., there were no more refugees inside the camp. “I don’t know if this is the topic of the meeting or hearing, but the same night the Dutch soldiers had a party inside the camp because they received two or three trucks full of beer and cigarettes. They played music while I was sitting, not knowing what happened to my family.” As he went on to say later, they had all been slaughtered. In July of 2007, Madam Speaker, I visited Srebrenica, where, together with my good friends President Haris Silajdzic and the Grand Mufti of Bosnia, Reis Ceric, I spoke at a solemn memorial service and witnessed the internment of hundreds of wooden coffins of newly discovered victims of the genocide. It was a deeply moving experience to see 12 years then after the genocide— now it is 20 years—families still grieving loved ones whose bodies were being identified, often miles from the killing sites, as Serb forces, trying to hide the evidence of their crimes, moved the bodies of their victims. For the record, 10 years ago—in 2005— the House of Representatives overwhelmingly passed H. Res. 199, which I authored, which clearly and unambiguously condemned the Srebrenica massacre for what it was: genocide. That resolution was a landmark in the recognition of the Srebrenica massacre as a genocide. Two years later the verdict of the International Court of Justice found the same, in confirming the ruling of the International Criminal Tribunal for the former Yugoslavia. Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide. The resolution today, of course, supports that as well. Astonishingly, Madam Speaker, there are some genocide deniers. That is why this resolution condemns statements that deny that the massacre at Srebrenica constituted genocide. Just last weekend Milorad Dodik, the president of Republika Srpska, asserted that the Srebrenica genocide is a lie. Madam Speaker, just as it is doing in Ukraine, Russia is utilizing misinformation and historical revisionism in an attempt to destabilize Bosnia and the Balkan region. Today Russia vetoed a British U.N. Security Council resolution that reaffirms that Srebrenica was a genocide. Russia has encouraged Serbia itself to protest the resolution and emboldened genocide denialism in the Republika Srpska, one of Bosnia’s two constituent entities. Madam Speaker, this resolution also encourages the administration to fulfill other neglected responsibilities. In particular, it urges the Atrocities Prevention Board to study the lessons of Srebrenica and issue informed guidance on how to prevent similar incidents from recurring in the future. As you may know, the Atrocities Prevention Board is a U.S. interagency committee established by the administration in 2012 to flag potential atrocities. However, since its creation, the board has been marked by inaction and a complete lack of transparency. This is unacceptable, especially as conflicts with disturbing parallels to Bosnia before the genocide continue to fester in Syria, the Central African Republic, Burma, and in Burundi. Africa, in particular, would stand to benefit from a more active board. The conflict in Burundi is currently at a tipping point, and it absolutely needs attention.  Madam Speaker, despite the need for much greater atrocities prevention in U.S. policy, there have been many promising developments in the Balkan region, and this needs to be underscored. In particular, I would note that Serbia today is not the Serbia of the Slobodan Milosevic era. That era was marked by nationalist aggression against neighboring countries and peoples, as well as considerable repression at home. One of those who testified at one of my hearings on Serbia, Curuvija, a great young leader, was murdered on the second day after our bombing began by Serbian people. And the persons who did that have now been held to account. So what has happened there—thankfully, there have now been significant changes in Serbia. I want to thank my colleagues. I do hope we will have a strong show of support for this resolution. I reserve the balance of my time.

  • Helsinki Commission Chair Introduces Resolution Marking 20th Anniversary of Srebrenica Genocide

    WASHINGTON—Ahead of the 20th anniversary of the atrocity committed at Srebrenica in Bosnia and Herzegovina in July, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced a resolution to affirm that the policies of aggression and ethnic cleansing implemented by Serb forces in that country constituted genocide as well as to condemn statements denying that the massacres meet the definition of genocide. The resolution has 28 original co-sponsors, 14 Republicans and 14 Democrats. H. Res. 310 urges the Atrocities Prevention Board—an interagency organization charged with helping the U.S. government identify and address atrocity threats—to issue guidance on preventing future genocides, and encourages the United States to continue to support the independence and territorial integrity of Bosnia and Herzegovina, as well as peace and stability in southeastern Europe as a whole. This comes as part of a broader effort to push the Obama Administration to take atrocities prevention seriously. “The thousands of innocents who were brutally slaughtered at Srebrenica deserve our remembrance of the tragedy for what it was: genocide,” said Rep. Smith. “The international community must ensure the perpetrators are held accountable for their actions, and study the lessons of Srebrenica with the aim of preventing future atrocities, particularly in current conflicts in the Central African Republic, Burundi, and Syria. In addition, we must continue to uphold the right of all people in Bosnia and Herzegovina and throughout the Balkans today—no matter their ethnic or religious background—to enjoy the benefits of democracy, the rule of law, and economic opportunity.” The July 1995 massacre at Srebrenica was one of the worst atrocities to occur in the conflict in Bosnia and Herzegovina between April 1992 and November 1995, during which period more than 2,000,000 people were displaced, more than 100,000 were killed, and tens of thousands were raped or otherwise tortured and abused. In addition to being the primary victims at Srebrenica, individuals with Bosniak heritage comprise the vast majority of the victims during the conflict in Bosnia and Herzegovina as a whole, especially among the civilian population.

  • Unequivocal Support for Israel

    Mr. Speaker, I’d like to thank my colleague, Mr. Stewart, for reserving this time to send a message of vigorous, unequivocal, and unflinching U.S. support for Israel. Mr. Speaker, on the eve of Prime Minister Netanyahu’s historic address, we have to join his efforts to set the focus on the existential, genocidal threat Iran poses to Israel. We have to be realistic about Iranian President Rouhani because many in the media – and some in the administration – have been reluctant to do that. Rouhani has a long history of murderous anti-Semitism and anti-Americanism. The corpses are all over the globe.  Rouhani chaired Iran’s National Security Council from 1989 to 2005 – the years when Iran plotted the 1994 bombing of the AMIA Jewish cultural center, which killed 85 people in Buenos Aires. The 1996 attack on the Khobar Towers was also under his tenure – this one killed 19 U.S. servicemen in Saudi Arabia. He continues to support the global terrorism of Hezbollah. Likewise, Rouhani’s defense minister, Hossein Dehghan, participated in plotting the 1983 U.S. Marine barracks bombing in Beirut – this crime took the lives of 241 Americans, including Paul Innocenzi from my district. His Justice Minister, Mostafa Pour-Mohammadi, played a role in 1988 and 1998 in the summary executions of Iranian political prisoners and killings of intellectuals, as well as assassinations abroad. Mr. Speaker, this is the man that our government and Prime Minister Netanyahu are dealing with. For 16 years Rouhani ran Iran’s nuclear program. He has boasted openly of his success in using negotiations as a tool to buy time to advance his program. The question before us is whether the agreement President Obama is trying to close with Rouhani is yet another deal favorable to the Iranian government, allowing it to move the hand on the nuclear clock yet closer to midnight. There are many signs that this is the case. Most reports on the negotiations are that the administration is not trying to prevent a nuclear Iran, but only to preserve some “breakout time”  - yet will not require the kind of transparency to make even that a remotely reliable measure. Even worse, it seems the administration is prepared to accept a “sunset clause” – a date after which Iranian nuclear arms would be completely legitimated. And the deal being crafted reportedly ignores Iran’s ballistic missile program. All this amounts to a potential catastrophe. Unfortunately, the administration seems to have telegraphed its determination to get a deal with Rouhani – almost any deal – and to shut Congress out. This is why I am concerned, and why we in Congress and the American people need to hear all the more from Prime Minister Netanyahu. Let’s let the Prime Minister know that Congress and the American people stand with Israel, without any ‘ifs,’ or ‘buts,’ or ‘so long as,’ or any other qualifiers, and without any illusions about the murderous and manipulative intentions of Rouhani. I’d like to close by thanking Speaker Boehner for inviting Prime Minister Netanyahu.

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • Serbia's Leadership of the OSCE

    In 2015 Europe was faced with a number of security and human rights concerns, especially with regard to Russian aggression in Ukraine. In this hearing, OSCE Chairman-in-Office Ivica Dačić testified to several Commissioners about Serbia's plans for leadership of the OSCE in 2015. He noted that in addition to persistent efforts supporting Ukraine's security and territorial integrity, they would place a special emphasis on strengthening rule of law, freedom of expression, and freedom of the media. Mr. Dačić also emphasized that the active engagement of the United States within the OSCE is critical to the organization's effectiveness.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Serbia’s Leadership of the OSCE” Wednesday, February 25, 2015 2:30PM Rayburn House Office Building Room 2200 Serbia’s 2015 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) comes at a pivotal point in European security. The OSCE, a regional security organization based known for its work in promoting democracy, human rights, and the rule of law, operates on the front lines of Russia-Ukraine conflict and seeks to counter backsliding on human rights in other countries of the OSCE region.   Serbia’s First Deputy Prime Minister and Minister of Foreign Affairs, H.E. Ivica Dačić, will testify before the Helsinki Commission in his capacity as Chairman-in-Office of the OSCE. He takes the helm to conclude the implementation of a joint leadership plan developed with Switzerland, which chaired the OSCE in 2014. Minister Dačić is expected to discuss the Serbian Chairmanship-in-Office’s priorities, including resolution of the conflict in and around Ukraine; reconciliation and cooperation in the Western Balkans; reforming security sector governance; combating transnational threats, including foreign terrorist fighters, terrorism, and cyber-security; safeguarding journalists; fostering freedom of expression, assembly, and association; combating organized crime and its linkages to human trafficking; combating corruption; and improving water governance. He will also provide insights regarding the ongoing work of the OSCE.

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

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