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Report: Human Rights and Democratization in Romania
Friday, July 01, 1994

Romania's ongoing journey toward democracy is generally viewed, even by the government of Romania, as slower and more circuitous than that of its neighbors. Romania has certainly had farther to go; Nicolae Ceausescu's regime was the most repressive and demoralizing of the Warsaw Pact countries. Yet Romania's gloomy distinctiveness carried into the post-Ceausescu era. The Romanian revolution of December 1989 was the bloodiest of the region. The early months of 1990 were marked by confusion and tension, including violent inter-ethnic clashes. The first free elections of May 1990 were tainted by serious irregularities in the campaign period; one month later, thousands of pro-government miners rampaged through Bucharest, bludgeoning anti-communist demonstrators and ransacking opposition party headquarters.

This inauspicious outset led many observers to question the prospects for reform. Many doubted the democratic credentials of the new Romanian leadership, alleging that the revolution had been "hijacked" or "stolen" Reports of harassment and intimidation persisted, extreme nationalists secured positions of influence, and popular faith in democratic institutions was shaken by discrimination and corruption. Meanwhile, the economic situation deteriorated rapidly, and in September 1991 the miners returned to Bucharest, this time to. overthrow the government they once claimed to defend.

Yet Romania today has made real and significant progress in the area ·of human rights and democratization. Local and general elections held in 1992 met international standards. A new constitution was adopted, as was legislation aimed at establishing a state based on the rule of law. Efforts were made to secure parliamentary oversight for internal security forces, steps were taken to improve inter-ethnic relations, and licenses were distributed for independent local television and radio stations. The aura of fear and intimidation has dissipated significantly, and a number of domestic human rights and civic organizations are actively working, sometimes with the cooperation of state authorities, to improve Romania's human rights performance.

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  • Repression Spreading in Belarus

    Mr. Speaker, Europe's last dictator, Belarus' Alyaksandr Lukashenka, appears determined to ignore the voices of the people of Belarus calling for basic respect for human rights and democratic principles a decade after that country gained its independence and joined the Organization for Security and Cooperation in Europe (OSCE).   As Chairman of the Helsinki Commission, I am disturbed by recent developments which demonstrate the growing repression in Belarus. There have been further restrictions imposed on the independent media, with the recent suspension of independent newspapers Navinki and Ekho. Just a few days ago, the publication Predprinimatelskaya Gazeta was suspended for three months. The offices of the trade union paper Solidarnost have been sealed by the authorities. Still other publications have received warnings that could lead to their closure. These actions were preceded by the three-month suspension of two prominent independent newspapers--Belaruskaya Delovaya Gazeta and BDG--For Internal Use Only.   The Lukashenka regime is also targeting schools. The National Humanities Lyceum, a highly respected high school promoting study of the Belarusian language and culture, is under fire, with its acting head to be replaced by a reportedly non-Belarusian-speaking official. Why? Because professors at the school support democracy and the Belarusian language and culture which ironically is anathema to the Belarusian strongman. Mr. Speaker, what kind of leader actively suppresses his nation's language and culture?   Moreover, a new crackdown on Pentecostal home meetings in western Belarus is underway, with fines being handed down on church members who permit their homes to be used for prayer meetings--a result of last year's restrictive religion law.   Non-governmental organizations (NGOs) are also facing increasing scrutiny, often for truly spurious reasons such as minor mistakes in registration documents. Several, including Ratusha, Varuta and the Youth Christian Social Union, are under threat of liquidation. Just a few days ago, the Homel regional court ordered the closure of the area's largest NGO, Civic Initiatives. The intensified campaign against NGOs and the independent media are widely regarded among domestic and international observers as a concerted attack on active and independent civil society structures.   Repressive actions against individuals continue as well. Recently, 18-year-old ZUBR activist Tatiana Elovaya was sentenced to 10 days imprisonment for manifesting her support in an April 3 demonstration outside the U.S. Embassy for the campaign to liberate Iraq. Several others, including 19-year-old Lyubov Kuchinskaya had served 10-day sentences earlier. Unfortunately, these are just some recent examples of a longstanding pattern of the Lukashenka regime's flouting of its OSCE commitments and continued disregard for the four OSCE criteria set forth three years ago by the Parliamentary Troika for Belarus.   Despite steps by the OSCE community, including the re-opening of the OSCE Office in Miensk (albeit under a more limited mandate), the seating of the National Assembly and the lifting of a visa ban, not only have reciprocal steps not been taken by the Belarusian authorities but the situation has indeed deteriorated further.   Earlier this year, I introduced H.R. 854, the Belarus Democracy Act, designed to assist the people of Belarus in regaining their freedom and enable them to join the European community of democracies. Key provisions of this Act also have been incorporated into the Foreign Relations Reauthorization bill. Mr. Speaker, the Lukashenka regime's continuing suppression of the longsuffering Belarusian people underscores the need for the Belarus Democracy Act and other efforts--including within the OSCE--to restore respect for human rights and institutions of democratic governance.

  • Human Rights in Chechnya Focus of Helsinki Commission Briefing

    By John Finerty, CSCE Staff Advisor The United States Helsinki Commission held a briefing April 24, 2003 on the critical human rights and humanitarian situation in war-torn Chechnya, Russian Federation. The panelists of the briefing were Eliza Moussaeva, Director of the Ingushetia office of the Memorial Human Rights Center, and Bela Tsugaeva, Information Manager of World Vision, Ingushetia. The Commission guests were accompanied by Maureen Greenwood, Advocacy Director for Europe and Eurasia, Amnesty International, USA. Helsinki Commission Deputy Chief of Staff Ron McNamara opened the briefing. “Despite concerted efforts by the Russian leadership to portray the situation in Chechnya as approaching normal, the pattern of clear, gross and uncorrected violations of OSCE commitments by Russian forces continues,” McNamara said. “From reports of credible and courageous human rights activists such as our panelists, it is clear that the most egregious violations of international humanitarian law anywhere in the OSCE region are occurring in Chechnya today.” Ms. Moussaeva said that, as of late, Russian forces no longer conduct sweep operations (“zachistki”) in search of rebels, but now rely on night raids by masked personnel. In the three months from January to March, there were 119 abductions by federal forces engaged in such operations, according to Moussaeva, who added that during the same period last year, there were 82 abductions marking an increase in such activity by Federation forces. This shift in tactics has made it more difficult for families to trace their abducted relatives, whereas previously relatives generally knew which units had conducted the sweeps. Now, units and identities of the raiders are unknown, as well as the location of detainees. Officially, 2,800 persons are missing. Memorial believes the actual number to be significantly higher. Mass graves are a common find. In January, one mass grave was found in which the exact number of corpses could not be ascertained, because the bodies had been blown up by grenades to hide traces of torture and abuse. Authorities claim these individuals were abducted by Chechen rebel forces; yet some family members, who were able to identify their relatives by the clothing on the bodies, say that these individuals were actually taken by federal forces. According to Moussaeva, Moscow’s highly-touted March 23rd constitutional referendum has not marked an improvement in Chechen life on the ground. On one single day after the referendum, Memorial received reports of several cases of individuals abducted by federal forces. On the same day, a bus exploded, killing nine. Ms. Moussaeva asked, “So we have the question, why did we need that referendum if it didn’t change the situation for the better, if it didn’t bring us stability?” Regarding an OSCE presence in Chechnya, Moussaeva said, “We hope that they would have the opportunity to open in Chechnya again, and it will be a great help for us. The OSCE had a very positive experience and a good image after the first war.” Ms. Tsugaeva spoke about the situation for internally displaced persons (IDPs). According to information compiled by the Danish Refugee Council, there are some 92,000 IDPs in the neighboring republic of Ingushetia, which has a population of only 350,000. Fifteen thousand of the IDPs live in five large tent camps, 27,000 in other structures such as industrial plants or farms, and 50,000 in private accommodations, for which most have to pay rent. Most individuals lack basic necessities and have been asked by Ingushetia to leave, yet they have nowhere to go. Refugees in this region have also been subjected to efforts by federal officials to drive them away. Seventy percent of aid comes mainly from international NGOs, and the remainder from the UN. Bread distribution to these people is vital but irregular. Most international NGOs have been unable to open offices in Chechnya due to the security situation, meaning only the most needy, such as children and the elderly, can be provided for. Many land mines scattered throughout parts of the country formerly occupied by military forces are an additional cause for concern. According to official statistics, there were over 5,000 victims of landmine explosions in 2002. Despite the work of international NGOs such as the Handicap International Organization, most of these victims do not have access to adequate medical care and are in one way or another incapacitated for life. Ms. Moussaeva stated that an office established by the Putin government to monitor the human rights situation in Chechnya was ineffectual and merely for show. Of more than 29,000 complaints of harassment by federal forces filed by individuals, only 550 had been investigated. Ms. Greenwood commended the Helsinki Commission for its letter to Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to push for a strong resolution to the conflict in Geneva. The recently concluded 58th Meeting of the UN Commission on Human Rights failed by a vote of 15-21 to adopt a U.S.-supported resolution expressing “deep concern” about reported human rights violations in Chechnya. “Amnesty would like to thank co-signers Senator Ben Nighthorse Campbell, Representative Christopher Smith, Senator Gordon Smith, Representative Steny Hoyer, Representative Robert Aderholt and Representative Ben Cardin,” Greenwood said. Furthermore, Greenwood expressed Amnesty International’s concern regarding the targeting of civilians on both sides of the conflict. Chechen rebel forces have engaged in abductions, hostage taking, and assassinations. Russians have used tactics such as extra-judicial executions, rape, and torture. Amnesty International profiles a few prominent cases, but these represent hundreds of other cases of human rights abuses. Ms. Greenwood presented Amnesty International’s recommendations for the United States Government, including: pressuring the Russian Government not to close tent camps for IDPs; encouraging the US Government to maintain funding levels of the Freedom Support Act for pro-human rights and democracy NGOs in the Russian Federation; demanding access to Chechnya for international journalists and observers; and, supporting the establishment of a human rights tribunal in the Council of Europe. Amnesty International’s recommendations for the Russian Government included providing accountability for previous abuses and ending violations of human rights law. Finally, Amnesty International called upon Chechen rebels to abide by international law, and stop the kidnaping and killings. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission intern Sean Callagy contributed to this article.

  • The Continuing Plight of Roma in Greece

    Mr. Speaker, the European Roma Rights Center (ERRC) and Greek Helsinki Monitor (GHM) have just published a report on the human rights situation of Roma in Greece. “Cleaning Operations: Excluding Roma in Greece” documents the plight of the inhabitants of the Romani settlement of Aspropyrgos, outside Athens, and details the problems of Roma across the country. Illustrated with stark scenes of bulldozed homes and marginalized and neglected Romani communities, a picture disturbing in more ways than one has been painted.   In particular, the report supports the accusation that the Government of Greece has used preparations for the 2004 Olympics as justification for the campaign to uproot Roma. Ironically, Greece currently holds the presidency of the European Union.   The Helsinki Commission, which I co-chair, held hearings in 1998, 2000, and in 2002 focused on the human rights problems faced by Roma with the intent of raising the awareness of these problems amongst the governments of the OSCE participating States. The plight of the Roma has also been addressed in specific hearings or briefings covering Greece, Russia, Serbia, Kosovo, and Romania, as well as the OSCE process.   Members of the Commission have also sent several letters to Greek leaders in recent years addressing longstanding human rights concerns in the Hellenic Republic, including those affecting the Romani community. These expressions of concern have specifically addressed forced evacuations of Roma from numerous villages, the abusive application of the use of national identity cards issued to Roma, the inability of Roma children to have access to schools on a non-discriminatory basis and other matters of blatant racial discrimination.   This newly released report on Roma clearly indicates that the Greek Government has failed to properly address many of these ongoing concerns. At a June 2002 Commission hearing on Greece, in fact, I raised the specter of an intensified campaign targeting Roma to obtain land for use as venues for the 2004 Olympics. This campaign is well documented in this report.   Notwithstanding the assertions of Greek officials at the Commission hearing that “everything is done (concerning the relocation) in consultation with, and with the consent of, the Roma involved,” numerous non-governmental organizations have raised such issues with Athens. Greek human rights activists have stepped forward.   As an original signatory to the 1975 Helsinki Final Act, Greece has accepted numerous commitments pertaining to the treatment of Roma and joined in condemning discrimination against Roma, a provision found in the 1999 Istanbul OSCE Summit Document. Regrettably, the Greek Government has failed to fulfill these commitments, as documented in the new ERRC/GHM report on Roma in Greece.   The ERRC and GHM conducted intensive field missions that revealed several patterns of human rights abuse against Roma in Greece: cruel and inhuman or degrading treatment of Roma in housing; police violence against Roma; exclusion of Roma from the educational system; and, barriers to access to health care and other social support services for Roma.   Based on the facts in this report and the discussions I have had over the years in my leadership capacity with the Helsinki Commission, I urge the Government of Greece to take corrective measures, without delay, along the lines recommended by the ERRC and the GHM:   1. Facilitate access to Greek citizenship for those Roma residing in Greece who are stateless and provide the necessary legal documents (such as identity cards) to all Roma.   2. Use all appropriate means to guarantee protection against forced evictions outside the rule of law and without due process.   3. Bring to justice public officials and private individuals responsible for forced evictions of Roma in breach of Greek law.   4. Carry out thorough and timely investigations into all alleged instances of police abuse.   5. Undertake effective measures to ensure that local authorities register all persons factually residing in a given municipality, without regard to ethnicity.   6. Ensure that Romani schoolchildren have equal access to education in a desegregated school environment.   7. Without delay, adopt comprehensive anti-discrimination legislation, as called for in the 1999 OSCE Istanbul Summit Document.   8. Conduct public information campaigns on human rights and remedies available to victims of human rights abuse, and distribute in both the Greek and Romani languages.   9. Conduct comprehensive human rights and anti-racism training for national and local administrators, members of the police force, and the judiciary.   10. At the highest levels, speak out against racial discrimination against Roma and others, and make clear that racism will not be tolerated.   The Helsinki Commission will continue to monitor the situation of Roma in the Hellenic Republic with the aim of encouraging the Government of Greece to implement commitments it has agreed to within the framework of the Organization for Security and Cooperation in Europe. The Commission will also work to ensure that the plight of Roma in Greece is raised at the Human Dimension Implementation Meeting to be held this fall in Warsaw.

  • Taking Stock in Romania

    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.

  • The Referendum in Chechnya

    Mr. Speaker, last Sunday, while the world's eyes were focused on the momentous events taking place in Iraq, a constitutional referendum was held in the war-torn region of Chechnya. The referendum was held as part of the Russian Government's attempt to “normalize” the situation in that tortured part of Russia's North Caucasus.   For the last ten years, Chechnya has been the scene of a bloody war between armed Chechen rebels and Russian military forces. Hostilities were precipitated in late 1994 when, in the wake of Chechnya's attempt to secede from the Russian Federation, Russian military forces launched a full-scale assault on the Chechen capital of Grozny. There was a restive peace from 1996 until the summer of 1999, when the armed clashes erupted anew. The roots of this conflict go back to Tsarist conquests in the 19th century and Stalin's brutal deportation of the Chechen people to Central Asia during World War II. Unfortunately, certain radical Islamic militant elements linked to international terrorism have become involved on the Chechen side, though the State Department has stressed that not all Chechens are terrorists.   Despite Moscow's repeated claims that heavy-handed Russian tactics in Chechnya are part of the war against global terrorism, the situation is far more complex. Many Chechens have taken up arms against what they believe is a repressive colonial power and wish to see Chechnya as an independent state that will be able to make the critical choice regarding the future of its people. As is so frequently the case, the civilian population has suffered terribly from the war. While both sides are guilty of violations of international humanitarian law, the Russian military and special operations units have been responsible for numerous and well-documented instances of gratuitous, brutal and mass violence against the civilian population.   During my years in the leadership of the Commission on Security and Cooperation in Europe, the Commission has conducted eight hearings and briefings on Chechnya. Witnesses, including a nurse who was present in a Chechen town where some of the worst atrocities by Russian forces took place, have described the appalling fate of the civilian population.   According to the U.S. State Department's Country Reports on Human Rights Practices for 2001, “The indiscriminate use of force by government troops in the Chechen conflict resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetia. Attempts by government forces to regain control over Chechnya were accompanied by the indiscriminate use of air power and artillery. There were numerous reports of attacks by government forces on civilian targets, including the bombing of schools and residential areas.” The report continues: “Command and control among military and special police units often appeared to be weak, and a climate of lawlessness, corruption, and impunity flourished, which fostered individual acts by government forces of violence and looting against civilians.” Among the examples of such lawlessness and impunity in the Country Reports were “...reports of mass graves and 'dumping grounds' for victims allegedly executed by Russian forces in Chechnya” and “cleansing” operations directed against guerrillas but resulting in deaths and the disappearance of non-combatants.   The State Department points out that Chechen forces also committed serious abuses: “According to unconfirmed reports, rebels killed civilians who would not assist them, used civilians as human shields, forced civilians to build fortifications, and prevented refugees from fleeing Chechnya. In several cases, elderly Russian civilians were killed for no apparent reason other than their ethnicity.”   Against this unsettling backdrop, with an estimated 100,000 internally displaced persons living in refugee camps in neighboring Ingushetia, and under the guns of approximately 80,000 Russian soldiers in Chechnya, the Chechen people have reportedly voted overwhelmingly for the proposed new constitution. Nevertheless, it is difficult to believe that a genuine assessment of the public will would have been determined under such circumstances. I would ask the same question I asked in a Helsinki Commission press release over a month ago: “Are we supposed to believe that this referendum will stabilize Chechnya while armed conflict between the Russian military and Chechen fighters continue to produce death and destruction?'”   The well-respected Russian human rights group, Memorial, has charged that Chechens were pressured to vote with the threat of losing their pensions or humanitarian aid. A joint assessment mission of the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe stated that “no group has been able to campaign officially against the referendum in the mass media or distribute literature arguing against the referendum,” although some opposition opinions were voiced in the media. Incidentally, in the concluding communique of the 1999 Istanbul OSCE Summit, the Russian Government agreed that all sides should seek a political solution to the conflict, and avail themselves of the assistance of the OSCE. This commitment was seriously undermined when the Russian government evicted the OSCE Assistance Mission to Chechnya at the end of last year.   Mr. Speaker, the Bush Administration has stated that “...we hope [the referendum] can be the basis for a political solution to that tragic conflict.” I find that rather optimistic. The Russian Government might better instruct its military to stop terrorizing the civilian population, prosecute human rights violators and rebuild Chechnya. Then perhaps it would not have to hold referenda in Chechnya under armed guard.

  • Assassination of Serbian Prime Minister Zoran Djindjic

    Mr. Speaker, I rise today with a heavy heart to condemn in the strongest possible terms the assassination of Serbian Prime Minister Zoran Djindjic. As a Member of Congress, I express my condolences to the government of Serbia and Montenegro and to the family of the late Prime Minister. Mr. Djindjic was one of the driving forces behind the extradition of Slobodan Milosevic to the Hague for war crimes, and also favored increased political and economic cooperation with the West. Mr. Speaker, I think it is our responsibility to encourage the government of Serbia and Montenegro to hold all of those responsible for the assassination accountable and to continue their work for economic reform and full cooperation with the War Crimes Tribunal, including the turning over of those indictees who still remain at large and cooperation on the witnesses and the information that is needed. Again, Mr. Speaker, we offer our condolences to the family.

  • In Memory of Zoran Djindjic

    Mr. Speaker, we learned today of the assassination in Belgrade of the Prime Minister of Serbia, Zoran Djindjic.   This is a true tragedy, not only for family and friends of Mr. Djindjic but for all the people of Serbia and, indeed, for all who struggle for human rights and democratic development.   Zoran Djindjic became a leader during difficult times in his country. He chose to stand in opposition to Slobodan Milosevic and his regime. That certainly was not the easiest course, and it took courage. Zoran Djindjic also had determination and, after repeated setbacks and obstacles, he played a key role in ousting Milosevic from power in 2000. He subsequently became, as Prime Minister of Serbia, a force for reform, recognizing that Serbia needed to cast off not only the yoke of Milosevic's rule but also Milosevic's legacy of nationalist hatred, organized crime, corruption and greed. Transferring Milosevic to The Hague in 2001 to face charges for war crimes, crimes against humanity and genocide perhaps best symbolized Djlndjic's continued courage and determination to conquer the sinister forces which seized his country.   Zoran Djindjic was still battling resistance to reform in Serbia when his life was taken by the vicious act of cold-blooded assassins.   These will undoubtedly be turbulent times for Belgrade, for Serbia, and for Montenegro which is just embarking on a new relationship with Serbia. This tragedy may have reverberations throughout the region, particularly in Bosnia and in Kosovo.   It is my hope and prayer, Mr. Speaker, that the people of Serbia will respond to this crime with a loud and united cry: ``Enough is enough.'' In the past, they have seen the lives of journalist Slavko Curuvija and politician Ivan Stambolic snuffed out for their advocacy of a civilized Serbia, in which human rights and the rule of law are respected.   Similarly Djindjic, too, was advocating such noble objectives. The very decent people of Serbia deserve a society which respects human rights and upholds the rule of law. That is what the leaders of Serbia must now provide without further hesitation or delay. I take heart in knowing that Djindjic had many colleagues who shared his vision of a reformed Serbia.   My deepest condolences go to the family of Zoran Djindjic. I hope that the incredible grief they must now feel will be tempered by the pride they should feel in his accomplishments and service to his country.

  • Mourning the Assassination of Serbian Prime Minister Djindjic

    Mr. Speaker, I want to join the gentleman from California (Mr. Dreier) in his comments about Mr. Djindjic, the Prime Minister of Serbia. Serbia in the 1990s, like Iraq has gone through, was under the heel of a despot who was vicious and who in my opinion was a war criminal. When the United States acted to displace the Milosevic regime and ultimately Milosevic was voted out of office because we went into Kosovo, it was Mr. Djindjic who showed the courage and the moral commitment to ensure that Mr. Milosevic would be transferred to The Hague to answer for his crimes. That trial currently is going on. It is going on because Mr. Djindjic had the courage to facilitate the transfer out of Serbia to The Hague of the alleged war criminal Slobodan Milosevic.   He has now been assassinated. We do not know yet who the perpetrator of that assassination is. Suffice it to say, we have lost someone whose courage and commitment to freedom and human rights was an important aspect for his country and for the international community. We are a lesser international community for his loss.

  • OSCE Parliamentarians Vow to Confront Anti-Semitism

    By Donald Kursch, Senior Advisor American and German delegates to the Winter Session of the OSCE Parliamentary Assembly (OSCE PA) recently hosted a special forum in Vienna during which more than 75 parliamentarians from 17 countries expressed their support for efforts to combat anti-Semitism in the OSCE region. The forum was organized by the cooperative efforts of United States Helsinki Commission Co-Chairman and Chairman of the US Delegation to the OSCE PA Rep. Christopher H. Smith (R-NJ) and German Bundestag Member Dr. Gert Weisskirchen. Helsinki Commission Members Rep. Steny H. Hoyer (D-MD), Rep. Benjamin L. Cardin (D-MD) and Rep. Alcee L. Hastings (D-FL), as delegates to the Parliamentary Assembly, actively participated in the discussions. The forum also included parliamentarians from Bulgaria, Canada, the Czech Republic, Finland, France, Hungary, Italy, the Netherlands, Romania, Russia, Serbia and Montenegro, Sweden, Turkey and the United Kingdom. OSCE PA President Bruce George and Secretary General Jan Kubis also attended the meeting. Participants expressed their readiness to support the Parliamentary Assembly’s Berlin Declaration of July 2002 denouncing anti-Semitic violence and agreed that a pro-active approach by parliaments and governments are essential to counter anti-Semitism throughout the 55-nation OSCE region. That measure, based on a draft introduced by the U.S. delegation, was unanimously adopted in Berlin. Dr. Weisskirchen and Rep. Smith obtained substantial support for the German-U.S. joint action plan of December 2002 to combat anti-Semitism which encourages “all OSCE countries to enact appropriate criminal legislation to punish anti-Semitic acts and ensure that such laws are vigorously enforced.” The action plan also addresses the need for renewed educational efforts to counter anti-Semitic attitudes and stereotypes, and the proliferation of anti-Semitic and neo-Nazi material via the Internet. Dr. Weisskirchen opened the Vienna meeting by recalling Germany’s experience and stressed the importance of preventive action. He said that anti-Semitism is a virus that may appear small in the beginning but can quickly gain momentum, poison the body of state institutions and destroy democracy itself. Co-Chairman Smith cited the need for collective action and referred to a resolution he and Commissioner Cardin introduced in the U.S. House of Representatives to combat anti-Semitism that places particular emphasis on law enforcement and education. Mr. Michel Voisin, head of France’s delegation to the Parliamentary Assembly, described a new law passed unanimously by both houses of the French Parliament that doubles penalties for anti-Semitic and racist violence. He cited the law as an example of decisive action parliaments can take. Voisin noted that prior to the approval of this law on February 3, 2003, anti-Semitic and racist motives were not taken into account when punishing perpetrators of violence. According to Voisin, France is vigorously tackling the problem posed by proliferation of anti-Semitic and neo-Nazi material over the Internet and stressed that providers who knowingly promulgate such material will be held responsible. Austrian journalist and human rights activist, Marta Halpert, addressed the gathering as an expert witness. Citing the Austrian experience, she underscored how political populism was breaking old taboos in many European countries. Populists sought to fill gaps in the political spectrum by appealing to frustrated voters seeking simple solutions to complex problems, according to Halpert. Halpert said politicians such as Jörg Haider in Austria and Jürgen Möllemann in Germany used language to encourage those in the electorate who assert that “the Jews encourage anti-Semitism themselves.” She noted how Haider’s high profile has enabled individuals with extremist views to “enter the mainstream” and cited the example of an Austrian neo-Nazi who writes a regular column for a high circulation national newspaper. Halpert stressed the importance of politicians in all parties to vigorously denounce those who use xenophobia and anti-Semitism to appeal to the base fears of the electorate. Parliamentarians from several other OSCE participating States, including Canada, the Czech Republic, Italy, Sweden and Denmark, expressed their support for the joint German-American efforts. Canadian Senator Jerry Grafstein, OSCE PA Treasurer ,strongly endorsed the German-American initiative and praised the OSCE for leading international institutions in combatting anti-Semitism. He reminded his colleagues that “silence is acquiescence” and stressed that all parliamentary bodies of the OSCE participating States should take a strong, public stance condemning anti-Semitism in all its forms. Members of the Canadian, French, German, Italian and Swedish delegations signed formal statements of solidarity with the German-American initiative. Canadian MP and Third Committee Vice-Chair Sven Robinson said the fight against anti-Semitism attracts support across party lines in his country where efforts are underway to formulate a stronger response to those responsible for hate crimes. Czech MP and head of delegation Petr Sulak expressed solidarity with the initiative and recalled the immense suffering that anti-Semitism had brought to his country and elsewhere in central Europe. In his country alone, more than 300,000 had perished in the Holocaust. Italian Senator Luigi Compagna and MP Marcello Pacini highlighted proposals introduced into Italian legislative bodies to condemn anti-Semitism. According to Compagna and Pacini, such proposals are unprecedented. Various speakers raised the need to counter the proliferation of racist and anti-Semitic material through the Internet and endorsed the French delegation’s call for restrictions. Canadian MP Clifford Lincoln asserted that Internet service providers had to assume a greater sense of responsibility and questioned why measures to accomplish this would be a restriction on freedom of speech. Germany’s head of delegation, Bundestag Member Rita Süssmuth, said that speech should not be permitted to “ignore the dignity of others.” Rep. Cardin noted the need to trace material transmitted by the Internet more easily, but noted the delicacy involved in finding ways to do this that respect the right of freedom of expression. Rep. Cardin also congratulated the French on the passage of their new law and particularly endorsed its emphasis on motivation for a criminal act. This distinction was of great importance. He added that we also needed to increase the capability of schools and teachers to instruct the next generation to be fair minded and tolerant. Echoing this sentiment, Mr. Smith pointed out that youth are not inherently inclined to hate, but needed to be “taught by their seniors to hate.” He advocated that more resources should be devoted to promoting Holocaust awareness. Danish MP Kamal Qureshi also recommended better education and training for police, who needed to learn how to distinguish between anti-Semitic and racist motivated crime and common criminal acts. U.S. Helsinki Commission and OSCE PA Vice President Rep. Alcee Hastings suggested the OSCE consider granting a special award to individuals who had done the most in the region to combat anti-Semitism. U.S. Ambassador to the OSCE, Stephan Minikes, spoke of plans by OSCE Chairman-in-Office, Netherlands Foreign Minister Jaap de Hoop Scheffer, to hold a special conference on anti-Semitism. The date for such an OSCE conference has not been announced, but officials anticipate the two-day Vienna meeting will precede the Parliamentary Assembly’s July 2003 Annual Session to be held in Rotterdam. Topics will likely include the role of governments in monitoring anti-Semitism, appropriate legislation, education, law enforcement training and the role of civic leaders and NGOs in combatting anti-Semitism. Russian Duma member, Elena Mizulina, noted that some progress has been made in her country. She hailed a new law condemning racism and extremism as a “milestone,” and praised the efforts of President Vladimir Putin in supporting the legislation. However, according to Mizulina, much work remains. Mizulina said that anti-Semitic attitudes in Russia are much too common among the general population as well as elected officials. She said such attitudes are particularly common in Russia’s provinces where even certain state governors were still not embarrassed to express anti-Semitic views openly. Mizulina said that representatives from Russia and other CIS countries need to speak out more forcefully to condemn anti-Semitism and racism. She added that the OSCE Parliamentary Assembly has not done enough and strongly endorsed the notion that anti-Semitism be considered as a separate agenda item at the Rotterdam meeting. Delegates also welcomed the decision by the OSCE Chairman-in-Office, Dutch Foreign Minister Jaap de Hoop Scheffer, to convene a special OSCE meeting on xenophobia and anti-Semitism in the coming months. At the same time, they agreed that the Parliamentary Assembly needs to remain actively involved and that continuing the fight against anti-Semitism must be a high priority item at the Assembly’s Annual Session. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Introduction of Belarus Democracy Act 2003

    Mr. Speaker, today I am introducing the Belarus Democracy Act of 2003, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus , as well as encourage the consolidation and strengthening of Belarus' sovereignty and independence. I am joined by Congressmen HOYER, HOEFFEL and Congresswoman Slaughter, as original cosponsors.   When measured against other European countries, the state of human rights in Belarus is abysmal--it has the worst record of any European state.   Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The democratic opposition, nongovernmental organizations and independent media have all faced harassment. Just within the last few months, we have seen a number of events reflecting the negative trend line: the passage of a repressive law on religion which bans religious activity by groups not registered with the government and forbids most religious meetings on private property; the bulldozing of a newly-built church; the incarceration of leading independent journalists; and the continued harassment, as well as physical attacks on the political opposition, independent media and non-governmental organizations--in short, anyone who, through their promotion of democracy , would stand in the way of the Belarusian dictator. Moreover, we have seen no progress on the investigation of the disappearances of political opponents--perhaps not surprisingly, as credible evidence points at the involvement of the Lukashenka regime in their murders. Furthermore, growing evidence also indicates Belarus has been supplying military training and weapons to Iraq, in violation of UN sanctions.   Despite efforts by the U.S. Government, non-govermental organizations, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people.   One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy building activities such as support for non-governmental organizations, independent media including radio and television broadcasting to Belarus , and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to recent parliamentary and presidential elections in Belarus which flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential [Page: E242] GPO's PDF and parliamentary leadership, which contributes to that country's self-imposed isolation.   In addition, this bill would impose sanctions against the Lukashenka regime, and deny highranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.   The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states.   Mr. Speaker, finally, it is my hope that this bill would help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belaras' integration into democratic Europe in which democratic principles and human rights are respected and the rule of law is paramount. The Belarusian people deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country based on the rule of law and democratic institutions.

  • Honoring Czech Republic President Vaclav Havel

    Mr. Speaker, Vaclav Havel is sometimes called the “conscience of the Czech Republic.” In fact, he could be called the conscience of the world. As both playwright and president, he has set an example for his country men and women and inspired others around the globe.   As a Member serving on the Helsinki Commission, I first became aware of Vaclav Havel and his stance as a leader of the Charter '77 human rights movement. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In recognition of his extraordinary leadership and courage, the Commission leadership recommended him for the Nobel Peace Prize in February 1989.   Vaclav Havel once wrote of the “power of the powerless” and, on November 17, 1989, when the Velvet Revolution began, the world saw that power manifested in reality.   Mr. Speaker, Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his remaining steadfast to his commitment to human rights even from the comforts of the Prague Castle.   From the beginning of his tenure, as he addressed his country's communist and totalitarian past, he was a voice of reason, not revenge. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” Throughout his presidency, he has pardoned those facing criminal charges under communist-era laws that restrict free speech and have yet to be repealed. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. He has raised human rights issues from Cuba to China. And, he has reminded other world leaders of our shared responsibility for the poor and less fortunate.   H. Con. Res. 22 pays tribute to Vaclav Havel's singular compassion, integrity, and vision. I urge my colleagues to join me in supporting a man who has given so much to his country and the world.

  • Hearing Surveys Human Rights in Republic of Georgia

    By H. Knox Thames CSCE Counsel The Helsinki Commission held a hearing September 24, 2002 on developments in the Republic of Georgia, with particular focus on the recent violent attacks against selected minority religious communities, as well as the threat of Russian aggression against that Caucasus nation. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing that examined Georgia’s prospects for democratization, its security situation, and how Washington can best promote the complementary goals of advancing democracy, human rights and economic liberty while leading the battle against international terrorism. The hearing opened with a gripping video documenting mob violence against Jehovah’s Witnesses and the failure of Georgian police to quell such attacks. Georgia, which became an OSCE participating State in 1992, was seemingly headed toward domestic stability and democratic governance in the mid-1990s, but recent trends have been disappointing. The official results of elections have not inspired confidence, undermining the public’s faith in democracy and the right of the people to choose their government. While civil society has grown substantially, independent media and non-governmental organizations remain at risk. The savage attack on the human rights organization, Liberty Institute, like the campaign of violence against Jehovah’s Witnesses and other minority faiths, as well as efforts to silence Rustavi-2 Television, testify to the lingering influence of forces bent on preventing Georgia from consolidating democracy, human rights and the rule of law. Meanwhile, Georgia has been under intensifying pressure from Russia, with Moscow accusing Georgia of failing to cooperate in the war on terrorism. Russian planes have invaded Georgian airspace and bombed the territory, killing Georgian citizens. Russian officials increasingly threaten to launch unilateral military actions within Georgia against Chechen rebels. Russian President Vladimir Putin recently asked the United Nations to support his country’s threats to launch military strikes inside Georgia. Moscow’s threats place at risk Georgia’s sovereignty and stability, moving Washington to consider how best to help Georgia defend itself and maintain control of its territory, while moving decisively against criminal elements and terrorists. This is a very complicated situation because much of the assistance from the United States is contingent upon Georgia’s compliance to stop religious violence within its borders. Co-Chairman Smith opened the hearing by acknowledging Georgia’s progress since the last hearing in 1995, but was quick to point out salient shortcomings. Mr. Smith voiced several concerns pertaining to Georgia’s internal problems. Special attention was paid to the inaction of the Georgian Government in regard to the mob attacks on minority faiths. “I am especially concerned and appalled by the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths – especially Jehovah’s Witnesses – which Georgian authorities has tolerated,” Smith commented, “there can be no excuse for state toleration of such barbarity. It must end, and it must end now.” Not only was Mr. Smith concerned about the violence, but he also was concerned with the future of Georgia - U.S. relations because of the “rampant corruption,” unsatisfactory rate of democratization, and lack of compliance with OSCE standards. Mr. B. Lynn Pascoe, Deputy Assistant Secretary for European and Eurasian Affairs, voiced concern about the violence in the Pankisi Gorge and the Russian pressure on Georgia to eradicate the Chechen terrorist threat. Turning to trends in the areas of democracy and human rights, Pascoe noted, “We have stressed to President Shevardnadze and his government again and again that poor records on human rights and freedom of religion not only undermine Georgia's efforts at economic and democratic reform, but will also negatively affect our assistance if such problems are not addressed.” He further explained efforts in the Georgia Train and Equip Program (GTEP) to help Georgia in the war on terrorism, but suggested that U.S. assistance would diminish if Georgia does not act on the concerns voiced in the hearing. Georgian Ambassador Levan Mikeladze expressed his remorse for the mob attacks. He reassured the Commission that Georgia fully recognizes the problems in religious persecution and legal and practical actions are being taken to ensure there will be no more violent attacks: “We are hopeful that after all these assignments are executed, we will be in a position to say religion-based intolerance in Georgia has no future and manifestations of religiously motivated violence no longer occur.” Georgia’s security was a pressing issue for Ambassador Mikeladze given intrusions and aggression by the Russian Federation. He encouraged the United States to continue the GTEP and continue the strong rapport between the two nations. Co-Chairman Smith and Commissioner Joseph R. Pitts (R-PA) were not satisfied with Ambassador Mikeladze’s explanation and expressed concern regarding the lack of action on the part of the Georgian Government to bring the perpetrators of attacks against minority faiths to justice. Smith issued a strong call to action, explaining the injurious nature to Georgia-U.S. relations of Georgia’s failure to actively stop the mob attacks. Bishop Malkhaz Songulashvili of the Baptist Union of Georgia set forth a long list of why and how such violence and hatred could be permitted in a democratic state. In attempting to give an explanation as to why such events have occurred in Georgia, the Bishop observed, “We gained independence but we still have not reached freedom. Old values have gone. New values have not come yet.” Songulashvili remarked, “It is not an absence of religious legislation which causes religious violence and persecution but rather absence of culture, justice and general law.” Despite all the grievances noted, Bishop Songulasvili remained hopeful that there would be progress. He offered four “targets” as a solution for the current religious violence: “Family, Mass Media, School and Teaching Institutions, and Religious Congregations.” He concluded, “Our optimism for the better future should not be overshadowed by the turmoil of the present time.” Mr. Gennadi Gudadze, a Jehovah’s Witness from Tbilisi, testified to the brutality experienced by the Jehovah’s Witnesses in Georgia, including himself. He noted that “since then [October 1999], there have been 133 separate incidents involving either mob attacks, individual attacks or destruction of property.” Gudadze also pointed out that minimal action has been taken by the authorities against the criminals. He called for a three-pronged solution: apply the law, arrest the perpetrators, and remove the corrupt officials. Dr. Gia Nodia, Director of the Institute for Peace, Development, and Democracy, discussed the interrelationship between security on human rights. Dr. Nodia was very concerned with the possibility that the religious violence might evolve into political violence, hence impinging on the democratic process, causing much more turmoil within Georgia. Professor Stephen Jones of Mount Holyoke College gave a dismal summary of the current state of affairs in Georgia. He asserted that the government is failing its citizens and its current stability is based on the “thinnest of ice.” Professor Jones highlighted three main reasons for these failures: lack of economic security in Georgia; lack of proper institutions to carry out governmental and economic functions (i.e. Georgia’s current economy has shrunk 67% and industry is working at 20% of its capacity. Between 1997-2000, expenditure on defense decreased from $51.9 million to $13.6 million, education from $35.6 to $13.9 million, agriculture forestry and fishing from $13.4 to $7.2 million); and lack of political and public support for reform. Jones’ recommendation called for increased western aid, but the burden of progress lays heaviest on Georgia itself. The hearing concluded with a strong statement from Co-Chairman Smith urging the Government of Georgia to work quickly and effectively to eradicate its corruption and religious violence. He concluded his statement with these words, “Our only hope here is to try to promote human rights, democracy, and to protect the sovereignty of Georgia . . . from any forays by Russia.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Commission Staff Meet with Georgian Officials While Religious Persecution Persists

    By H. Knox Thames CSCE Counsel   United States Helsinki Commission staff held consultations in Tbilisi, Georgia from October 14-16, 2002, with senior government officials, religious groups and NGOs to assess religious freedom and other human rights developments in that country. The discussions specifically focused on the ongoing mob violence against non-Georgian Orthodox religious groups, the prospects for ending the attacks, and what actions the Georgian Government should take to stop the depredations. The trip occurred on the heals of a Commission hearing on democracy, human rights and security in Georgia. During that hearing, Members of Congress raised their concerns regarding the ongoing violence against members of minority religious communities, Georgian authorities’ unwillingness to take action against the perpetrators of violence, and Georgia’s relationship with Russia concerning the Panksi Gorge. Commission Members have also written three letters in as many years to President Eduard Shevardnadze urging him to take concrete steps to quell the violence. The violence against minority religious communities began roughly three years ago, with Jehovah’s Witnesses, Catholics, Baptists and Pentecostals all being victimized. Over that period, the frequency and intensity of the attacks have increased. Police have been implicated in the attacks, but as of late, their transgressions consist of omissions, such as reportedly refusing to intervene when notified of assaults in-progress. More recently, the main instigators of mob violence are Vasili Mkalavishvili, a defrocked Orthodox priest, and Paata Bluashvili, director of the Orthodox “Jvari” Union. In addition, demagogic parliamentarians, like Guram Sharadze, have led rallies and made inflammatory statements about the so-called “dangers” of non-Georgian Orthodox religious groups to Georgian society and nationhood. The victimization of minority religious groups is often justified through the language of Georgian nationalism. The small former Soviet Republic is squeezed between Turkey, Armenia, Azerbaijan, the Russian Republic of Chechnya. Once a desired Soviet vacation destination, Georgia’s economy and infrastructure are crumbling, with the government struggling to provide the most basic of services. For example, there is much debate on whether sufficient gas and electricity will be available to avoid outages during the upcoming winter. Some Georgian public figures and religious leaders apparently see political profit from fighting religious pluralism behind the flag of Georgian nationalism, and non-Georgian Orthodox religious groups and their adherents have been characterized as unpatriotic and dangerous to Georgian society. On October 14, President Shevardnadze and the Patriarch of the Georgian Orthodox Church, Ilya II, signed a concordat concretizing the church’s relationship with the state. The Georgian Parliament, by a vote of 203 to one, ratified the concordat, bringing the measure into force. In addition to the questionable legal status of a concordat between a government and an entity lacking both sovereignty and any international legal personality, other problems arise. Foremost, the concordat creates an unbalanced playing field against other religious groups. The agreement grants the Catholicos-Patriarch immunity, excludes Georgian Orthodox clergy from military service and limits the creation of chaplain institutions in both prisons and the military to this one religious group. Also troubling is the provision granting the Georgian Orthodox Church the power to approve licenses for “official symbols and terminology of the Church.” As the concordat appendix enumerates a broad and vague list of items and terms falling under the church’s purview, which includes, inter alia, church buildings, liturgical items, crosses, and theological literature, other religious groups, like the schismatic True Orthodox Church, fear this will limit their ability to operate freely. The concordat is not the only legal issue of concern to minority religious communities, as a draft law on religion is circulating in the Georgian Parliament. The draft law, in its current form, contains several problematic articles. The term “improper proselytism” makes impermissible offers of “material or social benefits” or use of “psycho-ideological influence.” Charges of “improper proselytism” could have criminal repercussions, as Article 155 of the criminal code punishes the “offering of material or social care to attract new members to a religious organization or confession” by a fine or two-years imprisonment. Other troubling portions of the legislation include the creation of a registration scheme for religious groups. The draft law mandates the submission of the names of 50 members, as well as information on the group’s doctrines and activities, “attitude towards the family and marriage issues” and “the peculiarities of the attitude of the adherents towards health.” The draft also restricts the use of “Georgia” or “of Georgia” to groups “operating on the territory of Georgia for not less than 50 years.” Denial of registration can occur if, “as a result of the state religious expertise it is established that the entity is not religious.” Lastly, the draft law would allow the termination of religious activities, if the group is found to violate “state security and public order” or for refusing to “administer medical assistance on religious grounds.” If passed in its current form, the law would violate Georgia’s OSCE commitments, as these provisions appear tailored to ensure the curtailing, if not outright banning, of the Jehovah’s Witnesses and other minority religious communities. While there is a legitimate need to provide religious groups juridical personality, the draft law is too invasive and burdensome. The question is will it ever become law. Several officials and NGOs have indicated their general unhappiness with the current draft, saying it is too liberal for some and too limiting for others, but neither viewpoint has the numbers in the fractious parliament to amend the text. Others opined that with the Georgian Orthodox Church secured through the concordat as the preeminent Georgian faith and considering their dissatisfaction with the draft text, the church will no longer push for the religion law. As an alternative, the Supreme Court Chairman has proposed allowing religious groups to access the simple civil code registration process currently provided for non-profit organizations. The Ministry of Justice is reportedly reviewing this option. In discussions with Commission staff, minority religious community leaders expressed greater concern about the unchecked violence, rather than the future implications under the concordat or law on religion. Their concerns are warranted, as several assaults against Jehovah’s Witnesses occurred in the days immediately following the Commission’s September 24 hearing. Additionally, during the first week of October, villagers in Shemokmedi destroyed a church built by the in independent True Orthodox Church. Georgian officials and NGO representatives offered conflicting opinions on the phenomenon of violence inflicted by Vasili Mkalavishvili. Some view Mkalavishvili as an agent of the Russian Government, whose mission is to further destabilize Georgia. Others believe the Georgian Government and the Georgian Orthodox Church purposefully allow Mkalavishvili and his mobs to run wild. The government may benefit from the mob attacks distracting the Georgian polity from numerous government failures. For the Georgian Orthodox Church, the mobs intimidate and harass religious groups considered competition, and elevates the church as the protector of Georgian heritage and nationhood. However, while it is difficult to establish a direct link between the defrocked Mkalavishvili and the government or the Georgian Orthodox Church, the government appears hesitant to stop the cycle of violence. Commission staff also met with officials of the State Ministry, the Ministry of the Interior, the National Security Council and the Ombudsman for Human Rights, as well as members of the Supreme Court and several parliamentarians. Each admitted the mob violence was a serious problem, but some were quick to raise what they believe to be contributing factors, such as lack of education, poor economic situation, weak government, or Russian aggression. Government officials and religious groups agreed that if authorities had immediately arrested Mkalavishvili and his thugs three years ago, the problem would not exist today. Georgian officials, for the most part, seem fearful of repercussions which may result from any conviction against mob leaders. Nevertheless, most officials admitted that if authorities arrested, tried and jailed the top perpetrators, even for only six months, the violence would end. Commission staff expressed to Georgian officials the danger of allowing the brutality to continue and escalate, which could have repercussions for the government and the future of Georgia. Staff also made clear the great concern Commissioners maintain about the unwillingness of Georgian authorities to prosecute and jail the perpetrators of violence against members of minority faiths. Commission staff pushed Georgian officials for the provision of proper security for the ongoing trial of Mkalavishvili. In response, each of the Georgian officials repeated their resolution to thwart the violence, with both Georgia’s Ministry of Interior and National Security Council promising adequate police protection. Mkalavishvili’s trial, which started in January of this year, has been postponed five times, with Mkalavishvili’s mob crashing the courtroom and assaulting those in attendance. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) wrote President Eduard Shevardnadze in late October 2002, seeking to reaffirmation of these guarantees. To the credit of the Georgian Government, they have provided adequate security personnel at the subsequent court proceedings of Mkalavishvili’s case. However, during a November 16th hearing, Mkalavishvili’s followers verbally assaulted and forcibly removed a reporter from Radio Free Europe. Security personnel did not intervene. In addition, one of the accused perpetrators reportedly was carrying a concealed firearm inside the courtroom. In closing, there is little hope for religious freedom if the Georgian Government remains unwilling to arrest, prosecute and jail the perpetrators of the mob attacks. While the providing of proper security at the Mkalavishvili trial is a welcomed step, it is long overdue. Considering the hundreds of criminal complaints against Mkalavishvili and other perpetrators of mob violence, the government must bring more prosecutions on serious criminal charges. It is the Georgian Government’s duty to ensure that all its citizens, regardless of their faith, can enjoy religious freedom, as well as personal and communal security. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce.

  • Parliamentary Forum: Combating Anti-Semitism in the OSCE Region

    This briefing, which Commissioner Christopher Smith (NJ – 04) presided over, was a follow-up to an earlier Commission conference in Berlin, which focused on the rising tide of anti-Semitic violence and, subsequently, catalyzed so much of what the Commission had been doing on the issue of rising anti-Semitism. The conference in Berlin took place in July of 2001. The “Parliamentary Forum: Combating Anti-Semitism in the OSCE Region” briefing was held on International Human Rights Day, and was part of an ongoing effort by the Commission to address anti-Semitic violence, more specifically necessitated by vandalism against Jewish cemeteries, synagogues, cultural property, mob assaults, firebombing, and gunfire. Witnesses and participants of the briefing included members of the German Bundestag.

  • Turkey: What Can We Expect After the November 3 Election?

    This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.

  • Prospects for Change in Turkey

    Mr. Speaker, I wish to extend my congratulations to the people of Turkey for their elections held on November 3. Witnessing the peaceful change of government is a change that is significant for both Turkey's citizens and for their neighborhood. Many of Turkey's neighbors need to see that such a transfer of power is possible, for the people of these countries have for too long suffered under the illusion that they must live with their repressive regimes that maintain power through undemocratic means.   It is also important to keep in mind that the Turks, seen by some as a model for the countries of Central Asia, are not new kids on the block--former President Demirel was an original signer of the 1975 Helsinki Final Act. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I have followed closely the developments in Turkey . With a particularly keen interest in the protection of human rights which has such an impact on the lives of individual men, women and children, I continue to be concerned about the ongoing use of torture, violations of religious freedom and threats to civil society.   Through the ballot box, the Justice and Development Party, known as the AKP, received 34.3 percent of the vote, giving them a clear majority of 363 seats in the 550-seat Turkish Grand National Assembly. This entitles the AKP, led by former Istanbul Mayor Recep Tayyip Erdogan, to govern without sharing political power. He will not be without challenges to his authority though.   On November 8, the anniversary of the death of the Turkish reformer Kemal Ataturk, General Hilmi, Ozkok issued a statement vowing "to protect the republic against all types of threats, especially fundamentalism and separatist activities,'' reiterating strongly the military's view of itself as the historical guarantor of Turkey's secular system. Mr. Speaker, while the transition appears peaceful, it is not without its strains and stresses, even with the potential of the military stepping in like it has done repeatedly in the past. We can only hope that is not the outcome of this transition.   As an original participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey has accepted a broad range of human rights obligations. As head of the U.S. delegation to the OSCE Parliamentary Assembly, I have worked with my parliamentary colleagues from Turkey to encourage protection for these commitments. With a new government not obligated to continue the ways of the old, there is a welcome opportunity for such initiatives to be undertaken.   There are a few specific matters that I urge the incoming government to address without delay. Four Kurdish members of the Grand National Assembly have been in prison since March 1994. I call upon the new government to free Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak and remove the trumped-up charges from their records. They were convicted for, among other things, speaking their mother tongue in and out of the parliament building. As Mr. Erdogan himself has said, such convictions should not stand.   Also, past efforts to return the hundreds of thousands of internally displaced Kurds to their homes in southeastern Turkey have proven ineffectual. The government should take concrete steps to ensure that refugees are allowed to return to their own homes in safety and dignity, which may well require the clearing of land mines and repairing of villages.   Mr. Speaker, without reciting the lengthy list of Turkey's human rights violations, including the use of torture, it is fair to say that Turkey's record of implementation of OSCE human dimension commitments remains poor. While progress has been made, the authority of police officials must be checked by the rule of law. All claims of torture must be seriously investigated, no matter where the investigation leads. It is important that anyone who commits torture--especially police, the security forces or other agents of the state--must be taken to court and tried for high crimes. The Forensic Medical Association should be allowed to carry out its professional responsibilities and act without fear in its attempts to document torture. Victims of torture should be paid due recompense by the state.   I am very concerned about the continuing difficulty no-governmental organizations face throughout Turkey, particularly the Human Rights Foundation of Turkey. The Human Rights Foundation exists in an uncertain environment, with arbitrary shutdowns and having its officials harassed, intimidated or arrested. Property has been seized and not returned.   Religious freedom in Turkey, whether for Muslims or other religious communities, had suffered from heavy-handed government involvement and control. The government allows Turkish Muslims to only attend state-approved mosques, listen to state-funded Imams, and receive religious education from state-funded schools. The Directorate of Religious Affairs, which regulates all of Turkey's 75,000 mosques and employs Imams, has been criticized for only promoting Sunni branch of Islam. I would encourage the new government to bring to a close its regulation of all religious institutions.   The wearing of headscarves has also been regarded as quite controversial since it is seen as a religious totem in a secular state. Women who choose this expression of religious conviction are denied the ability to attend state-run universities and work in public building, including schools and hospitals. The public sharing of religious belief in Turkey with the intent to persuade the listener to another point of view is severely curbed for both Muslims and Christians. A number of evangelical Protestant groups throughout Turkey have reported being targeted because of their religious free speech, which contradicts OSCE commitments on religious liberty and freedom of expression.   Turkey's Office of Foundations has contributed its own difficulties for faith communities, as it has closed and seized properties of "official'' minority religious groups and unrecognized faith communities. Several religious groups, most notably the Armenian Apostolic and Greek Orthodox churches report difficulties, particularly on the local level, in repairing and maintaining existing buildings or purchasing new buildings. The continued closure of the Orthodox seminary on Halki Island remains a concern.   Furthermore, religious groups not considered "official minorities'' under the Lausanne Treaty are provided no legal route to purchase or rent buildings to meet, and are thereby forced to hold meetings in private apartments. In response, provincial governorships, after receiving a letter from the Ministry of Internal Affairs last year, have initiated efforts to close these meeting places, leaving the smaller Protestant communities without any options. The lack of official recognition is an insurmountable hurdle for minority religious groups wishing to practice their faith as a community.   Turkey is at a critical crossroads. I am hopeful that the new government will take this opportunity to move forward, and craft policies which are consistent with OSCE commitments and protective of all peoples living in Turkey.

  • Situation in Belarus Continues to Deteriorate

    Mr. Speaker, I want to bring to the attention of my colleagues the latest outrage perpetrated by the regime of Belarusian dictator Alexander Lukashenka.   Last week, immediately after leaving the U.S. Embassy in Minsk, the Chairman of the opposition United Civic Party Anatoly Lebedka, was picked up by plainclothes police officers and driven to KGB headquarters for interrogation. Anatoly had been at the Embassy to pick up the invitation for a conference on Belarus to be held this week here in Washington. In a clear effort at intimidation, Lukashenka’s KGB thugs accused him of maintaining ties with supposed “intelligence agents” and other foreigners, purportedly for the purpose of undermining Belarus.   Mr. Speaker, this accusation is patently absurd. I know Anatoly Lebedka, having met with him in Washington and at several meetings of the OSCE Parliamentary Assembly, most recently this past July in Berlin. It is clear to me that Mr. Lebedka is an honorable man committed to his country’s development as an independent, democratic nation in which respect for human rights and the rule of law is the norm. There is no doubt in my mind that the real reason for the harassment of Anatoly – and this is not the first time – is his opposition to Lukashenka, to whom democracy and human rights are anathema.   Sadly, this is only the latest in a long list of human rights assaults by Lukashenka. Just within the last few months, we have seen the passage of a repressive law on religion, the bulldozing of a newly built church, the jailings of three leading independent journalists, the continued and persistent harassment of the political opposition, independent media and non-governmental organizations, and the effective expulsion of the OSCE presence there. These tactics are in keeping with the climate of fear which Lukashenka has sought to create.   Moreover, we have seen no progress on the investigation of the missing and presumed dead political opponents – perhaps not surprisingly, as credible evidence links the Lukashenka regime with these murders, and growing evidence also indicates Belarus has been supplying weapons and military training to Iraq. Both in Berlin and in Washington, I have had the honor of meeting with the wives of the disappeared.   Mr. Speaker, the state of human rights and democracy in Belarus is abysmal, and the manifest culprit is Lukashenka and his minions. The longsuffering Belarusian people deserve to live in a country in which human rights are not flouted. Those in Belarus, like Anatoly Lebedka, who struggle for human rights and democracy deserve better. The Belarusian people deserve better.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • Property Restitution Efforts Examined

    By Maureen T. Walsh, CSCE General Counsel On July 16, 2002, the Commission on Security and Cooperation in Europe held a public hearing titled “Property Restitution in Central and Eastern Europe: The State of Affairs for American Claimants” on the status of property restitution, with a particular focus on claims in Poland, the Czech Republic, and Romania. This was the Commission’s third hearing on the issue of property restitution; previous hearings were held in 1996 and 1999. In his opening statement, Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) acknowledged that “Central and East European governments have done much regarding property restitution that is commendable.” Smith noted that “governments seeking membership in Western institutions want to be perceived as reform governments by passing a private property restitution law. . Upon closer examination, however, one finds lackluster the implementation of the laws” as well as serious rule of law problems and discriminatory citizenship requirements that continue to impede restitution and compensation efforts. Commissioner Rep. Joseph R. Pitts (R-PA) expressed the need for countries addressing problems created by the legacies of fascism and communism to “address all pertinent issues and cases, including claims of those individuals or families who may fall between the cracks of current laws.” According to Commissioner Rep. Benjamin L. Cardin (D-MD), barriers to restitution and compensation dealt the survivors of the Holocaust a second tragedy. In response, he made clear that “we will not stop until all the OSCE states treat property restitution in a serious way by having effective laws to compensate for illegally confiscated property.” Commissioner Senator Hillary Rodham Clinton (D-NY) expressed a need “to constantly be creating an atmosphere in which these claims are viewed as appropriate, legitimate, and justiciable.” She stressed “the rapid restitution of assets that were stolen during that horrible period is a critical step towards achieving some measure of fairness.” “As the countries of Eastern and Central Europe consider reforming their property restitution laws, they can look to the United States as a leader in considering the restitution of World War II era property,” Senator Clinton concluded. Rep. Joseph Crowley (D-NY), a member of the House International Relations Committee, urged the Bush Administration to ensure that progress on property restitution claims be considered as a component for European Union membership. Rep. Crowley’s remarks focused on the lack of a private property restitution law in Poland where he stated “as many as 170,000 property owners and their heirs still wait for legislation that will restore their rights.” He also noted that “the protection of property rights is a basic requirement for all democratic governments that operate under the rule of law.” Witnesses reiterated two themes throughout the hearing: the protection of property rights as a requirement of democratic governments and the need for states to recognize their responsibilities to resolve outstanding restitution claims. The first witness, Special Envoy for Holocaust Issues at the U.S. State Department, Randolph Bell, said the U.S., in its diplomatic relations, emphasizes that restitution processes must be clear, straightforward and non-discriminatory. Countries are encouraged to adopt broad legislation that provides restitution for the variety of claims which are being made. Mr. Bell remarked, “in joining the Euro-Atlantic mainstream and applying for membership in organizations, [Central and East European states] are seeking to join a community of values.” He outlined the following principles that these states should bear in mind when addressing property restitution: Restitution laws should govern both communal property owned by religious and community organizations, and private property owned by individuals and corporate entities. To document claims, access to archival records frequently requiring government facilitation is necessary. Reasonable alternative evidence must be permitted if archives have been destroyed. Uniform enforcement of laws is necessary throughout a country. The restitution process must be non-discriminatory, there should be no residence or citizenship requirement. Legal procedures should be clear and simple. Privatization programs should include protections for claimants. Governments need to make provisions for current occupants of restituted property. When restitution of property is not possible, adequate compensation should be paid. Restitution should result in a clear title to the property, not merely the right to use the property. Communal property should be eligible for restitution or compensation without regard to whether it had a religious or secular use. Some limits on large forest or agricultural holdings may be needed. Foundations managed jointly by local communities and international groups may be appropriate to aid in preparation of claims and to administer restituted property. Cemeteries and other religious sites should be protected from desecration or misuse before and during the restitution process. Mr. Bell emphasized the common goals of the legislative and executive branches in pursuing these issues. He recommended Congress and the Administration continue to encourage Central and East European states to enact addition legislation to allow greater property restitution and to hold the governments of those states accountable to the public declarations they have previously made. The second panel of witnesses was comprised of Israel Singer, President of the Conference on Jewish-American Claims against Germany and Co-Chairman of the World Jewish Restitution Organization; Yehuda Evron, U.S. President of the Holocaust Restitution Committee; Mark Meyer, attorney and Chairman of the Romanian-American Chamber of Commerce; and Olga Jonas, economist and member of several non-governmental organizations addressing issues in the Czech Republic. These witnesses’ statements revealed broad dissatisfaction with the current status of restitution efforts. Israel Singer reported that many East European states had “enacted restitution legislation with cut-off dates with the effect, whether intended or not, of restricting the rights of Jewish communities and others with legitimate claims to reclaim their property.” He emphasized the critical importance of timeliness in resolving restitution claims by stating that Holocaust survivors are dying at a rate of 15 percent per year. Singer urged the Commission to pursue three goals: first, to follow his “report card” on countries’ efforts toward restitution and to insist on greater accountability for any shortcomings. Second, to question why NATO allies allow property restitution to be used as an excuse for anti-Semitism within their borders. And third, to reiterate to these allies that resolution of property restitution issues is not only a material obligation, but also a moral obligation. Yehuda Evron’s testimony focused on restitution in Poland where, Evron said, “Efforts to return property to former owners have been uneven, and often unsuccessful or worse, discriminatory.” Like Mr. Singer, he reiterated the dire need for resolution of these claims and declared the efforts thus far to resolve American claims in Poland a failure. Evron noted the law on restitution which the Polish Government is currently crafting will reportedly offer a symbolic monetary compensation to the rightful owners rather than actual return of confiscated property. Describing why Holocaust survivors will not be satisfied with symbolic compensation, Mr. Evron explained, “We survivors lost all of our families. The homes that are left are the only thing left from our family. There is no money in the world that can compensate for this house, and we don't want any money.” Mark Meyer described the property restitution situation in Romania. Mr. Meyer, an attorney with extensive experience representing property claimants, acknowledged Romania’s efforts in passing a restitution law, but criticized the law for having “so many exceptions to the overall principle of in-kind restitution that in fact it is not providing very much in the way of in-kind restitution at all. Instead it offers restitution in the equivalent.” Meyer described the claims process as a “procedural morass” and a “bureaucratic meltdown” because of the multiplicity of obstacles facing claimants. Meyer recommended that Romania broaden in-kind restitution. When in-kind restitution is not feasible, he suggested that long-term bonds be issued rather than cash compensation. He also argued for the inclusion of personal property restitution in any amendments to the Romanian restitution law. Meyer noted the importance of Romania rescinding Law 112 of 1995 which currently allows tenants of seized property to purchase that property, thus further complicating return of the property to the original owner. Olga Jonas testified concerning property restitution in the Czech Republic. Ms. Jonas criticized Czech policy on the return of confiscated properties as being intended “to directly benefit communist and former communist functionaries who have acquired these properties or who hope to acquire them in privatization.” Ms. Jonas enumerated several particularly egregious restrictions on property restitution including the disallowance of restitution to “all persons who are not considered Czech citizens by the Czech Government, to legal persons, and to those victims whose Nazi-confiscated assets were to be returned by the 1945 restitution laws but [which were not actually returned] before the communist takeover.” She noted the U.N. Human Rights Committee’s multiple rulings that by denying U.S. citizens the right to restitution of confiscated property the Czech Government has violated the non-discrimination requirement of the International Covenant on Civil and Political Rights. Two days after the hearing, Co-Chairman Smith hand-delivered a letter to Polish President Aleksander Kwasniewski during a meeting with congressional leaders in Washington, stressing the urgent need for a non-discriminatory law governing restitution or compensation of private property confiscated from individuals by the Nazi or communist regimes in Poland. In response, President Kwasniewski underscored Poland's good will in tackling this problem, which he characterized as more difficult in Poland that some other countries because of post-World War II border changes. He said he expected to have a draft law ready by the beginning of next year — one that would not include any citizenship restrictions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission intern Georgianna Gaines contributed to this article.

  • Commission Hearing Surveys State of Ethnic Relations in Kosovo

    By Bob Hand, CSCE Staff Advisor The Helsinki Commission held a hearing June 19, 2002 on the prospects for ethnic harmony in Kosovo amidst recent reports of ongoing human rights abuses against minority groups. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioner Senator George V. Voinovich (R-OH) also participated. "Vandalizing or bombing churches is not just wrong, it is beneath the dignity of any Albanian who suffered under the Milosevic regime," Smith said, stressing that "revenge is not justice." He condemned the inexcusable acts of repression brought upon Albanians during the former Yugoslav President's rule. Co-Chairman Smith appealed for cooperation among all parties involved and called for fostering a climate of tolerance. Leaders within Kosovo, within minority communities, and in the Yugoslav Government have a crucial role to play, Smith noted. Senator Voinovich expressed alarm over the human rights situation in Kosovo. He cited a joint report from the Organization for Security and Cooperation in Europe (OSCE) and the office of the United Nations High Commissioner for Refugees (UNHCR) on continuing areas of concern. Quoting from the report, Voinovich said, "I could not agree more with a statement made in that report: ‘Only when Kosovo's minorities feel confident in their long-term future and when all of Kosovo's displaced persons are able to exercise the choice to return to their homes, feeling assured of their safety and confident in their ability to assess institutions and participate in social, economic and political life in Kosovo on a nondiscriminatory basis will it be possible to say that the situation of minorities in Kosovo is successful.'" Based on his observations during a trip to Kosovo earlier this year, Voinovich underscored the continuing need for U.S. engagement. He concluded that the situation in the divided city of Mitrovica, where ethnically-motivated attacks persist, and along the Kosovo-Macedonian border need to be resolved through cooperation and discussion. Testifying before the Commission were Dr. Alush Gashi, representing President Ibrahim Rugova's Democratic League of Kosova in the Kosovo Parliament; Rada Trajkovic, leader of the Kosovo Serb "Return" Coalition within the Parliament; Valerie Percival, the Kosovo Field Representative for the International Crisis Group (ICG); and Deputy Prime Minister of Serbia Nebojsa Covic. Dr. Gashi expressed gratitude for the United States' leadership and promised to work with the international community to ensure that all Kosovars have equal national and human rights. He noted that Serbs currently participate in all levels of government and institutions. Further integration, however, is hindered by a Serb population that has so far refused to distance itself from Belgrade's brutal assault on Kosovar Albanians, which included numerous atrocities and 650 mass graves not yet exhumed. "The reality is that Kosovar-Albanians cannot get from Belgrade even the dead bodies of their members of families, and at this same time we are asking them to welcome live Serbs," Dr. Gashi testified in an emotional plea. Dr. Gashi acknowledged the right of Serbs to return to their homes in Kosovo. He also voiced strong opposition to "Belgrade's interference in [the] United Nations mission administration [UNMIK] in Kosovo." Dr. Trajkovic addressed a primary concern of the Kosovo Serb population, describing the fundamental unresolved issue as "the wish of the Albanians that Kosovo be exclusively their state and the wish of the Serbs that Kosovo remains part of their state." Dr. Trajkovic detailed a situation whereby the Albanian majority seeks the "Albanization and not multi-nationalization" of Kosovo. In this way, Kosovar Albanians dominate the hospitals, the universities, the media, and even the transportation sector, creating a highly segregated and polarized society. Islamic extremists, who go unpunished, are attempting to "wipe out the foundations of a civilization" by destroying churches, headstones, and cultural monuments, Trajkovic added. Ms. Percival discussed the ICG's recently released report on Kosovo, noting that Mitrovica is a "frequent flashpoint for confrontation and a source of instability." Attacks and reprisals are commonplace. Offering a multi-track plan of action, Percival recommended that the international community take four specific steps: pressure Belgrade to end its policy of incitement and continued support for parallel institutions; encourage the rule of law; establish a specially administered area in the north where Kosovar Serbs live; and promote UNMIK's transparency. Deputy Prime Minister Covic defended the right of Serbs in Kosovo to be free from "inexcusable persecution". "In Kosovo and Metohija, whatever the final solution might be, our desire is to have a strong and successful multi-ethnic society," Covic asserted. Covic said ethnic Serbs continue to flee Kosovo, in response to worrisome figures on the number of killings of Serbs, attacks, and missing persons. Kosovar leaders have shunned a bi-lingual society, inter-ethnic tolerance, unbiased police and an independent judiciary in favor of extremism, Covic maintained. Co-Chairman Smith, concerned about reports of pervasive criminality in Kosovo, raised the issues of missing persons, human trafficking, and perpetuation of parallel institutions. Ms. Percival said that UNMIK, in cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), continues to exhume bodies from mass graves and is making efforts to account for missing persons. Though UNMIK established a trafficking and prostitution unit, the witness protection program is very weak. Mr. Covic responded that Yugoslav authorities are working hard to identify remains and find missing persons, noting the wide disparity between estimates of missing Albanians and Serbs. He added that Yugoslavia takes the issue of human trafficking very seriously and that anti-trafficking legislation is pending in Belgrade. Dr. Gashi labeled Yugoslav support for parallel institutions as an attempt to sabotage UNMIK's institutions. To calm the psychological insecurity, the Serbs have to demonstrate the will to work with us, Gashi testified. Mr. Covic stressed that parallel institutions were not created by the current Yugoslav authorities and once the Serbs' basic human rights in Kosovo are met, there will be no need for parallel institutions. Dr. Gashi reiterated his commitment to equal rights, an open civil society, and cooperation. In response to concerns raised, he indicated that a strong consensus exists among Kosovars opposing the destruction of Serb property and violence against Orthodox nuns and lay people in Kosovo. In light of the OSCE/UNCHR report, all witnesses agreed to its generally accurate portrayal of the situation and reasonable recommendations. Urging all parties to move forward, Senator Voinovich pressed for more information on allegations that Belgrade is "meddling" in the governance of Kosovo. Commissioners Smith and Voinovich pledged to continue their support for U.S. and international engagement to help resolve pressing issues in Kosovo. Any perpetrator of a human rights violation in Kosovo needs to be held accountable, Smith concluded. The hearing came to a close after Co-Chairman Smith recognized Daniel Serwer of the United States Institute for Peace (USIP) for a few closing remarks. Serwer stressed the need to support the creation of an infrastructure in which the next Kosovo parliament can effectively operate. USIP had recently hosted in Virginia a session on inter-ethnic cooperation among Kosovo parliamentarians. Thirty of the participants attended the hearing. An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission's Web site, http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, Commerce. United States Helsinki Commission intern Derek Politzer contributed to this article.

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