Taking Stock in Romania

Taking Stock in Romania

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

Mr. Speaker, I rise today to discuss the consolidation of democracy in Romania. As Co-Chairman of the Commission on Security and Cooperation in Europe--the Helsinki Commission--I have followed events in Romania for many years. The Romanian people have survived the repression of a brutal communist dictatorship and, in the years since the fall of that regime, have made great strides in building democratic institutions and the rule of law. However, much remains to be done to overcome the legacy of the past.

 

Romania is a good friend and strong ally of the United States. I appreciate and thank the Government of Romania for its steadfast support of Operation Enduring Freedom in Afghanistan, where a battalion serves on the ground, and for its support of the U.S.-led military action in Iraq. Romania has been offered the much sought after admission to NATO, and today the Senate began debate on the Protocols of Accession. Romania is also an accession candidate to the EU.

 

It is in the spirit of friendship that I continue to follow the human rights issues there, based on a belief that Romania will be a stronger democracy, and therefore a stronger partner, when respect for human rights is strengthened. Frankly, I am concerned that, following Romania’s invitation to join NATO, the reform momentum in Bucharest may have dissipated.

 

Mr. Speaker, I believe that there is no greater barometer of democracy than free speech and freedom of the press. While there is no doubt that the Romanian people have access to a broad range of print and electronic media, 13 years after the fall of Ceausescu, Romanian law still includes communist-era criminal defamation provisions which impose prison terms for offenses such "insult" or "offense against authority." These laws cause a chilling effect on independent and investigative journalism and should be repealed.

 

Today, I received a letter from Foreign Minister Geoana, informing me that a new draft Penal Code would do exactly that. This is encouraging news, and I will follow this process closely with the hope that articles 205, 206, 236, 236 (1), 238, and 239 of the Romanian Penal Code will actually be repealed and not just modified.

 

Mr. Speaker, there is no international requirement that countries must make property restitution or provide compensation for confiscated properties. However, if a legal process for property restitution or compensation is established, international law requires that it be nondiscriminatory and be implemented under the rule of law. Property restitution in Romania since the fall of communism has been slow and ineffective, and the laws--which the government has enacted to address the problem--lack transparency, are complex, and have not been effectively implemented.

 

Restitution of communal property--for example, churches or synagogues--is especially difficult. In 1948, Romania’s communist government banned the Greek Catholic (Uniate) Church and ordered the incorporation of the Greek Catholic Church into the Orthodox Church. More than 2,500 churches and other buildings seized from the Uniates were given to Orthodox parishes. The government decree that dismantled the Greek Catholic Church was abrogated in 1989, however, of the thousands of properties confiscated from Greek Catholics, fewer than 200 have been returned nearly 15 years later. The status of thousands of properties belonging to the historic Hungarian faiths (Roman Catholic, Reformed, Lutheran and Unitarian), and the Jewish community, as well as other non-traditional religions has not been resolved, despite the enactment of a communal property restitution law in July of 2002.

 

The restitution of private property in Romania is equally as murky. In February 2001, the Romanian Parliament enacted Law 10/2001, the express purpose of which, according to Article 1 (1) of the Law, is to make restitution in-kind of nationalized real property and, whenever such in-kind restitution is not possible, to make restitution in an equivalent consisting of cash for residential properties and vouchers to be used in exchange for shares of state-owned companies or services. This clearly stated principle has been undermined by so many exceptions that it becomes virtually meaningless. Those claimants who have overcome the numerous exceptions contained in the law have then been stymied by government recalcitrance when they have attempted to obtain the necessary documentation to support their claims. Many title deeds were purposely destroyed by the former communist regime. State archives, having been deluged with a significant volume of requests, complicate the process with chronic bureaucratic delays in processing property records, and seeming indifference to the urgency of those requests. The Government of Romania cannot expect claimants to file within prescribed deadlines, and then not provide them with the means to obtain the proof of their clams from the government’s own records.

 

Further, I am disappointed by the ineffective and inadequate attempts of the Romanian Government to register the Jehovah’s Witnesses as an official religion. The inability of the government to make this happen is a serious concern, as it is more than an issue of legal personality, but also of rule of law, religious freedom and discrimination. In October 2001, I received personal assurances from Foreign Minister Geoana that this longstanding matter would be resolved; it has not despite a ruling by Romania’s highest court dating back to 2000. The Ministry of Culture and Religious Affairs seemed to provide a fix in October of last year, but it proved faulty and failed to bring closure to this matter. Mr. Speaker, I urge the competent Romanian authorities to remove this issue from the agenda by facilitating the recognition of the Jehovah’s Witnesses as an official religion without further delay.

 

Another matter which I hope the Government of Romania will bring to closure is the rehabilitation and honoring of World War II dictator, Marshall Ion Antonescu, Hitler ally and war criminal condemned for the mass murder of Jews. Last year government officials publicly condemned efforts to honor Antonescu and removed from public land three statues that had been erected in his honor. One statue remains on public land in Jilava, the site of Antonescu’s execution, and important streets in the cities of Timisoara and Oradea continue to be named after him. I urge the Government of Romania to remove these remaining vestiges honoring the former dictator.

 

Finally, Mr. Speaker, I want to express my continuing concern about the Romani minority in Romania. I appreciate that Romania was the first country in Central Europe to adopt comprehensive anti-discrimination legislation. This was an extremely important and positive step. But there appears to be a rising tide of intolerance against Roma, manifested by scapegoating of Roma in the media and in the statements of some public officials. In all likelihood, this climate contributed to the tragic events in Buhusi last December, when a number of Roma were shot during a police raid, including a 14-year-old boy who was reportedly shot in the back. I hope the Romanian Government will play a leadership role in countering prejudice against Roma and will continue to implement programs to address discrimination against them.

 

Protection and promotion of fundamental freedoms and human rights, as well as commitment to the Helsinki Final Act and respect for Organization for Security and Cooperation in Europe norms and principles, are requirements for NATO membership. As a participating State of the OSCE, and as a candidate for admission to NATO, Romania has made that commitment. It is my hope, Mr. Speaker, that the Government of Romania will use this opportunity to strengthen its democracy, not retreat from it.

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Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

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  • Wicker, Cardin Condemn Detention of Russian Activist Nastya Shevchenko

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  • Unorthodox?

    By Thea Dunlevie, Max Kampelman Fellow “The Russian Federation is a secular state,” according to Chapter 1, Article 14 of the Russian constitution. Adopted two years after the collapse of the Soviet Union, which systematically repressed religious activity, Article 14 created a framework for a religious resurgence in Russia, namely the Russian Orthodox Church’s optimistic emergence from the Soviet era. However, the Russian Orthodox Church has become a battlefield of choice for the Russian government as it seeks status as the religious and regional hegemon. President Vladimir Putin’s vision for a “Russian world” has in many ways negated the country’s constitutional commitment to a religiously neutral government, particularly in relation to former Soviet Bloc countries. Vladimir Putin has coupled violent encroachments such as the 2014 invasion and illegal occupation of Crimea and the Donbas and its 2008 invasion and illegal occupation of South Ossetia and Abkhazia in Georgia with subtler maneuvers to establish strongholds in foreign countries, including through religious interventions. The latter activities rest under the umbrella term “soft power,” which Putin identified as a foreign policy strategy in his 2017 Foreign Policy Concept. According to political scientist Joseph Nye, who coined the term, “Soft power is the ability to affect others to obtain the outcomes one wants through attraction rather than coercion or payment.” Rooted in Russian History and Culture The Russian Orthodox Church, which has deep roots in Russian identity, history, and culture, was revived under President Boris Yeltsin and has since been increasingly employed as a tool of soft power. The RAND Institute reports that the Russian Orthodox Church has been rated “the most-trusted institution in [Russia]”—surpassing the president and parliament. Consequentially, the Kremlin’s interconnectivity with the Russian Orthodox Church lends the state legitimacy by proxy. Capitalizing on this perceived legitimacy, the 2015 Russian National Security Strategy lists “preserving and developing culture and traditional Russian spiritual and moral values” as one of six “National Interests and National Strategic Priorities.” Religion has been instrumentalized by Russian diplomatic missions with goals beyond proselytizing or constructing churches. Putin sent Patriarch Kirill of Moscow and All Russia as a Kremlin emissary to solidify international ties under the auspices of religious, humanitarian outreach. For example, Putin has characterized Russia as the defender of persecuted Christians in the Middle East by supporting Bashar al-Assad’s government. Patriarch Kirill and Putin also vowed to rebuild churches in the region, positioning Russia as the great defender, reconstructor, and regional power. However, not all these efforts have been successful. Patriarch Kirill’s 2013 visit to the politically volatile region of Transnistria, Moldova—where 1,400 Russian troops are stationed—was met by local protests suggesting an unwelcome link between the Russian Orthodox Church’s presence and the Kremlin’s. The Russian Orthodox Church has also helped the Government of Russia maintain regional influence in former Soviet Bloc countries and the Balkans and expand its influence in Asia. The Russian government commemorated 50 years of cooperation with Singapore by building an Orthodox church there, and Patriarch Kirill’s delegation visited North Korea to establish an Orthodox church in Pyongyang alongside North Korean government officials. However, current debates primarily focus on Ukraine because it contains an estimated one-third of the Moscow Patriarchate’s churches. Russia has approached the OSCE with concerns about “Ukrainization,” alleging that 50 Russian Orthodox churches had been illegally seized by the government since 2014. Ukraine Fights Back The Russian Orthodox Church’s Kremlin-driven influence has been of particular concern to Ukraine, which struggles to maintain its political sovereignty as Russia encroaches militarily. To counter this influence, in 2018 the Ukrainian Orthodox Church sought autocephaly (independence) under the auspices of the Holy Synod of the Ecumenical Patriarch of Constantinople, the governing body of the Orthodox Church. Ukrainian President Petro Poroshenko justified the Ukrainian Orthodox Church’s pursuit of autocephaly before the United Nations General Assembly Human Rights Council as “a matter of national security and [Ukraine’s] defense in a hybrid war, because the Kremlin views the Russian Orthodox Church as key instruments of influence on Ukraine.”  However, the Russian Orthodox Church condemned Ukraine’s autocephaly efforts for blasphemously entangling religion and politics. Metropolitan Hilarion, chairman of the Department for External Church Relations of the Russian Orthodox Church, characterized the Ukrainian church’s move as a “pre-election political project.” The Russian Orthodox Church severed tied with the Ecumenical Patriarch in mid-October. In December, Metropolitan Epifaniy was elected head of the nascent Orthodox Church of Ukraine. Prior to his election, the U.S. State Department said the United States “respects the ability of Ukraine’s Orthodox religious leaders and followers to pursue autocephaly according to their beliefs.” Immediately after his election, the State Department issued a congratulatory statement and Secretary of State Mike Pompeo spoke with him by phone.   After the January 6th announcement of autocephaly for an independent Orthodox Church of Ukraine, the Secretary described the outcome as an “historic achievement.” All of these U.S. statements explicitly referenced U.S. support for religious freedom as the context. The Orthodox Church of Ukraine now sidesteps Russian religious authority and submits to the Ecumenical Patriarch and Holy Synod alone.  The Russian government, however, maintains that Ukraine is “territory of the Russian church” and vows to “defend the interests of the Orthodox.” Ongoing Power Struggles Russia’s religious intervention has also instigated ecclesiastical divisions within the other Orthodox churches and between churches and the Ecumenical Patriarch of Constantinople. The Russian meddling has created opposing teams: Ukraine and its allies, like the Ecumenical Patriarch and U.S. Government, versus the Russian Government and regional churches which pledged loyalty to the Russian Orthodox Church. In the wake of the Russian Orthodox Church’s Holy Synod decision on the Orthodox Church of Ukraine, Putin awarded the Metropolitan of Moldova “Russia’s Order of Friendship,” perhaps  to encourage Moldovan sympathy to the Russian Orthodox Church’s cause amid the “schismatic” behavior of Ukraine. In November of 2018, St. Andrew’s Church in Ukraine was attacked with Molotov cocktails, following  the transfer of its ownership to the Ecumenical Patriarch of Constantinople. This attack has been interpreted by some Ukrainians as a symbolic attack on the Ukrainian Orthodox Church. Ukraine’s religious makeup is exceptionally diverse. However, the Kremlin’s political meddling into the inter-orthodox religious conflict raises larger concerns about how government can support or suppress certain beliefs for primarily political purposes. This phenomenon threatens the religious liberty of the Orthodox Church of Ukraine and potentially the freedom of the country’s minority religious groups like Greek Catholics. All 57 participating States of the OSCE have committed to the 1975 Helsinki Final Act, which includes the statement that  “the participating States will respect (...) the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”  The participating States have repeatedly recommitted themselves in subsequent agreements. The Ukrainian government and leadership of the Orthodox Church of Ukraine must be vigilant for infringements on the religious rights of Moscow Patriarchate adherents in Ukraine after the Holy Synod’s decision. As priests, imams, and pastors did during Euromaidan in 2013, so should the Ukrainian Government, the Russian Government, the Orthodox Church of Ukraine and the Russian Orthodox Church condemn violence, protect freedom of religion and belief, and promote inter-faith peace.

  • The Holy See and Religious Freedom

    Because of its unique status as the universal government of a specific religion, rather than a territorial state, the Holy See is probably the least understood of the 57 participating States of the Organization for Security and Cooperation in Europe. However, it has a rich diplomatic history and has contributed significantly to the development of today’s OSCE, particularly in the area of religious freedom. Download the full report to learn more.

  • Mosque and State in Central Asia

    From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations—Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission convened an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.

  • Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MOSQUE AND STATE IN CENTRAL ASIA Can Religious Freedom Coexist with Government Regulation of Islam? Monday, December 17, 2018 3:00 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations— Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission will convene an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development. The following panelists are scheduled to participate: Kathleen Collins, Associate Professor, Political Science, and Russian and Eurasian Studies, University of Minnesota Edward Lemon, DMGS-Kennan Institute Fellow at the Daniel Morgan Graduate School of National Security Emil Nasrutdinov, Associate Professor of Anthropology, American University of Central Asia Peter Mandaville, Professor of International Affairs, Schar School of Policy and Government, George Mason University On December 11, 2018, Secretary of State Michael Pompeo re-designated Tajikistan and Turkmenistan as CPCs. He upgraded Uzbekistan to the Special Watch List—it had been previously designated as a CPC—based on recent progress. In June 2018, Helsinki Commission Chairman Sen. Roger Wicker (MS) urged Secretary of State Pompeo to consider inviting Uzbekistan to the first Ministerial to Advance Religious Freedom because of significant steps taken by President Mirziyoyev to bring Uzbekistan into compliance with its international commitments to respect religious freedom. Later that month, he introduced the bipartisan Senate Resolution 539 calling on President Trump to combat religious freedom violations in Eurasia with a mix of CPC and Special Watch List designations, individual and broader sanctions, and development of a strategy specifically for the region. In early July, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe passed Chairman Wicker’s amendments recognizing the ongoing reforms of the government of Uzbekistan. A few weeks later Chairman Wicker met with Uzbekistan’s delegation to the Ministerial to Advance Religious Freedom—the only CPC invited—and highlighted the opportunity for Uzbekistan to be a model to other countries if the government follows through with essential reforms

  • Religious Freedom in Eurasia

      In his first Congressional hearing since his confirmation, Ambassador Brownback testified on religious freedom in participating States of the Organization for Security and Cooperation. OSCE commitments on human rights and freedoms are the strongest, most comprehensive of any security organization in the world. Yet some of its participating States chronically have been among the worst violators of religious freedom–often in the name of countering terrorism or extremism–and designated by the United States as Countries of Particular Concern. The Frank Wolf International Religious Freedom Act, Public Law 114-281, requires the President to release Country of Particular Concern designations–required by the International Religious Freedom Act of 1998–no later than 90 days after releasing the annual International Religious Freedom Report. The State Department issued the latest report on the day of the hearing. The Helsinki Commission explored the designations, as well as religious freedom in Western Europe, including potentially restrictive amendments to the religion law in Bulgaria; restrictions on religious animal slaughter; restrictions on construction of houses of worship; and conscience rights. Questions for the Record Submitted to Ambassador Samuel D. Brownback by Chairman Roger Wicker  

  • Lies, Bots, and Social Media

    From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.

  • Helsinki Commission Briefing to Examine Computational Propaganda

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:   LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute

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