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Racism and Xenophobia: The Role of Governments in Addressing Continuing Challenges
Friday, July 18, 2008

by Mischa Thompson, PhD and Alex Johnson, Staff Advisors

On May 29-30, 2008, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the Supplementary Human Dimension Meeting (SHDM), titled “The Role of National Institutions against Discrimination in Combating Racism and Xenophobia with Special Focus on Persons belonging to National Minorities and Migrants” (http://www.osce.org/conferences/shdm1_2008.html). Prior to the meeting, a “roundtable for civil society" was organized by ODIHR to enable civil society representatives to prepare recommendations to be presented during the Opening Session of the SHDM.

The purpose of the Supplementary Meeting was to focus on “National Institutions Against Discrimination” (NIADs) that OSCE countries have developed to combat racism and discrimination. The majority of OSCE countries have in place national human rights or ombudsman institutions to deal with human rights violations in general, however, their mandates and capacity to deal more specifically with manifestations of racism and xenophobia vary, with some having little to no focus on this area. The SHDM examined the role of national institutions in responding to and combating racism and xenophobia in particular, where such cases involve persons belonging to national minorities and migrants.

Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee L. Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). The U.S. Delegation included U.S. Ambassador to the OSCE Julie Finley, as well as Naomi Churchill Earp, Chair of the Equal Employment Opportunity Commission (EEOC).

The two-day Conference featured three panels focused on the role and mandate of NIADs in combating racism and xenophobia, overcoming challenges, and good practices. Additionally, there was a side event hosted by the UN High Commissioner for Refugees (UNHCR) and ODIHR entitled, “Is the right to asylum undermined by racism and xenophobia?” The conference was held in Austria, where reports from the European Union Fundamental Rights Agency (EUFRA) and European Network Against Racism (ENAR) had previously cited numerous cases of racism and discrimination impacting Roma, Black, Muslim, Jewish, and migrant communities in education, employment, housing, criminal justice, and other areas (see http://www.fra.europa.eu/factsheets/front/factSheetPage.php?category=113... http://cms.horus.be/files/99935/MediaArchive/national/Austria_2006.pdf.)

Chairman Hastings, representing the OSCE PA, delivered remarks at the Opening Session of the meeting following presentations from the outgoing Director of ODIHR, Ambassador Christian Strohal, and the incoming Director of EUFRA, Morten Kjaerum. Chairman Hastings’ remarks focused on the importance of the U.S. story in developing remedies to historic injustices, lessons learned, and remaining challenges, including those faced by migrant populations. He noted that, “given the multiple effects of racism and discrimination, there is no single government office that can fully address the problem [and that] the decades of U.S. government institutions fighting discrimination, recruiting from diverse communities, providing education and training opportunities for minorities coupled with efforts from the civil society and private sector were critical to [gains minorities have made in the U.S.].” In addition to noting the need for minority input in the creation and implementation of any strategies, he also stressed the need for action. “I’ve been meeting on efforts to stop racism for 30 years. It’s time for something to be done,” he said.

The need for action also was underscored by a number of attendees of the meeting who cited numerous problems with the political independence of, funding, structure, knowledge of, and mandate of NIADs, which impacted their abilities to adequately address problems faced by the communities they were designed to assist. Calls for NIADs to be independent were raised by numerous civil society members, as they felt links to government prevented prompt and appropriate responses to acts of discrimination. Additionally, this was said to impact their structure, as members of the affected communities cited that they were not appointed to the boards, employed in the organizations, nor consulted in the plans and initiatives of the institutions. One civil society participant cited as evidence of this, that a number of the panelists at the SHDM were not “Muslim, Black, or some other visible minority,” despite playing leading roles in NIADs. Others noted cronyism in the appointments, leading to questions of whether the leaders of a number of the organizations possessed the ‘cultural competency’ needed to adequately address problems of racism and xenophobia.

Concerns about the mandates were also raised, as they were often focused on legal remedies, data collection, and assisting victims, but may not have included or were unsuccessful with outreach, education, and/or empowerment tools, e.g., informing affected communities of anti-discrimination laws and initiatives, providing technical assistance to minority/migrant organizations to represent themselves. For many, these problems indicated a lack of actual political will to solve the problems, which was then also reflected in several NIADs reporting a lack of government funding. These concerns were noted as reasons civil society was in some countries assuming and/or being asked to assume government responsibilities for addressing racism and xenophobia.

Addressing some of these concerns, and underscoring a number of Chairman Hastings’ observations, U.S. delegate Naomi Earp of the EEOC provided remarks on the U.S. approach to combating discrimination during the Opening Session and Session III of the Meeting (Document 1, Document 2). Noting that, “Sadly racism is alive and well,” she detailed the numerous federal, state, and local civil rights programs and institutions in the U.S. created to implement racial equality. She cited politics and funding as primary challenges and noted the need for “a viable consensus” among government actors, civil society, the private sector, and other affected parties to prioritize and formulate successful strategies. “Nations must understand that institutionalizing equal opportunity, while laudable, has financial consequences,” she said, including details of the importance of planned and adequate funding. Moving beyond a paradigm of addressing violent forms of discrimination, she also noted the need to combat systematic or institutionalized discrimination, as well as subtle and blatant forms of discrimination that impact hiring, promotions, and other aspects of the workplace (see E-Race initiative http://www.eeoc.gov/initiatives/e-race/index.html).

A number of other participating States, such as France and Belgium noted how their NIADs were organized and what they did. Others reiterated the growing problems of racism and xenophobia in their societies and cited the need for solutions. Russian Ombudsman Vladmir Lukin remarked, “extremist ideas and xenophobic attitudes are nowadays commonly concealed as formally legitimate disagreement to a state’s migration policy,” and that solutions should also focus on tolerance education, as “responding to already committed crimes makes it impossible to start their effective prevention.”

The Meeting ended with OSCE Chair-in-Office Personal Representative on Combating Racism, Xenophobia, and Discrimination against Christians and Members of Other Religions, Anastasia Crickley calling for an increased focus on implementing solutions. She noted that the remarks of two Americans, Chairman Alcee L. Hastings and Naomi Earp, illuminated two key concepts participants should take away from the SHDM. First, she observed that Chairman Hastings demonstrated why, “national institutions and official agencies should reflect the diversity of the communities they represent,” and second that, Ms. Earp demonstrated that participants must “measure issues so that they can address them.” Ms. Crickley also observed that a number of forms of discrimination were inadequately engaged throughout the SHDM proceedings, particularly discrimination faced by Roma and Sinti communities.

Expected outcomes of the meeting included the creation and/or strengthening of NIADs by OSCE participating States, increased cooperation and partnerships of NIADs with civil society, and assistance for burgeoning NIADs. Additionally, the development and implementation of national action plans with the consultation of civil society, improved data collection, research, and reporting, and maintaining a focus on combating racism and xenophobia in the face of attempts to refocus the conversation solely on integration and immigration were highlighted. Many questions of what the follow-up to this meeting could be remained, including possible trainings and technical assistance to strengthen NIADs, outreach and empowerment initiatives for affected communities, the role of the private sector, and as well as the need for participating States themselves to better understand racism, xenophobia, and discrimination and how best to adequately, design, fund, implement, and sustain successful strategies.

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  • Fighting Racism and Xenophobia against People of African Descent

    By Erika Schlager, Counsel for International Law and Dr. Mischa Thompson, Senior Policy Advisor From September 10 to September 21, 2018, the OSCE participating States held their annual Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland.  Organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), HDIM is Europe’s largest annual human rights conference, bringing together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  During the 2018 meeting, three specially selected topics were the focus of a full-day discussion: freedom of the media; the rights of migrants; and combating racism, xenophobia, intolerance, and discrimination.  As part of its efforts to fight racism and xenophobia, ODIHR, with U.S. support, organized a workshop for activists addressing racism and xenophobia against people of African descent. During the two-day event, 18 participants of African descent from Europe and North America focused on the OSCE and other international human rights instruments that address discrimination. U.S. participants included Johnetta Elzie, who led calls for justice following the police killings of unarmed African-American men, including in Ferguson and Baltimore, and David Johns, who called for police to address hate crimes targeting transgender African-Americans.  The group discussed efforts by civil society to collect and report hate crimes data to ODIHR, coalition-building among diverse groups, strengthening advocacy in international fora, and building information exchanges in various countries.  The discussion also touched on the International Covenant on the Elimination of All Forms of Racial Discrimination and International Decade for People of African Descent (2015-2024). Activists at the HDIM On September 20, the HDIM agenda focused specifically on racism, xenophobia, intolerance and discrimination. Workshop participants were invited to join government representatives and NGOs to discuss a broad set of challenges in both formal sessions and during side events. Canadian NGOs advocated for expunging marijuana drug charges disproportionately impacting Black men as part of legalization efforts in their country. Polish activists reiterated concerns that police are not adequately investigating hate crimes and, in some cases, have arrested undocumented migrants when they came to police to report a hate crime. A Hungarian participant sought support to address negative perceptions of refugees following the adoption of laws imposing criminal penalties on Hungarians who assist asylum seekers. A French participant spoke of discrimination impacting Black Muslims and the need to address racial and religious bias.  One participant questioned when a Swedish national plan addressing anti-black racism or “Afrophobia” would be implemented. A defamation case launched against European Parliamentarian Cecile Kyenge for calling the Italian political party The League “racist” led participants to question how racial prejudice and discrimination could be addressed if activists faced retribution for simply naming the problem.  Participants also expressed concern about a forecasted decline in diversity in the European Parliament that will follow a post-BREXIT loss of UK parliamentarians, at a time when political parties espousing “anti-foreigner” views are predicted by some to increase in power. Several countries responded to issues raised by the participants during the meeting. A representative for Sweden thanked civil society members for participating in HDIM and highlighted the government’s recent increase in funds and national plans to address racism, stating plans to address “Afrophobia are underway.” A U.S. representative indicated support for civil society participation in the meeting, calling civil society “brave,” and admonished the excessive use of force by law enforcement, particularly when linked when racial discrimination. The representative detailed the legal proceedings taken against the city of Ferguson by the U.S. Department of Justice that have resulted in implicit bias, community policing, mental health sensitivity, and other training to improve relations between police and the African-American community in Ferguson. Canada thanked participants for sharing their experiences and reiterated its commitment to addressing racism and discrimination.  Recommendations from participants in the September 20 session included: Increasing the representation of people of African descent in OSCE institutions and leadership positions Adopting national action plans to improve the situation of people of African descent, including implementing the International Convention on the Elimination of All Forms of Racial Discrimination and the International Decade for People of African Descent Collecting disaggregated data on hate crimes and discrimination in housing, education, employment, and other sectors impacting people of African descent Targeting programs for refugees and migrants of African descent, including an increased focus on integration Training initiatives to improve police interaction with African descent populations, including migrant and refugee populations Increasing support for civil society and work in partnership with civil society  

  • A Truly Inclusive Society

    While the United States has an exemplary system of integration, empowerment, and protection from discrimination, individuals with intellectual disabilities like Down Syndrome have recommended numerous further improvements to U.S. law. This briefing explored best practices developed federally and locally in the United States to empower and integrate individuals with intellectual disabilities. Sara Hart Weir discussed how perceptions of the disabled community impair equality in many facets of society including education, housing, and financial independence, and discussed changes to the law that are still needed 30 years after the Americans with Disabilities Act. For instance, 80-year-old legislation named the “Fair Labor Standards Act of 1938” has unfairly permitted corporations to pay disabled employees less than minimum wage. This longstanding law was recently challenged by the National Down Syndrome Society through the TIME Act. Ms. Weir also supported continued work to build upon the recently adopted ABLE Act, which allows individuals with Down syndrome to save for their futures without losing benefits. She highlighted that many individuals with Down syndrome still face the choice between limiting their hours to part-time work or losing their much-needed Medicaid benefits. New, comprehensive legislation will be needed to address this problem if individuals with Down syndrome will be fully incorporated into the economy.   Kayla McKeon, the first registered lobbyist with Down syndrome, relayed the need for legal changes and social acceptance at an institutional level, stating, “To me, having Down syndrome is who I am but it has never stopped me for achieving my own hopes, dreams, and passions. What I want for my life and all individuals with disabilities is for us all to be treated just like everyone else. I want to live the American Dream.” The Special Olympian and lobbyist recalled being educated alongside her peers and receiving additional help as needed, as well as independence when needed. She is now attending college while working as the Manager of Grassroots Advocacy at the National Down Syndrome Society. Dr. Sheryl Lazarus, Director of the TIES Center, underscored the importance of including children with disabilities in educational settings alongside their peers, stating, “Early inclusion supports later inclusion. Early segregation almost ensures that there will be segregation later in life.” Dr. Lazarus encouraged teachers raise their expectations of disabled students’ cognitive abilities by promoting coursework such as math, reading, and social studies, not just self-care. She encouraged training and the availability of educational resources to ensure all teachers feel confident they can include children with disabilities in their classrooms. She noted that “the behavior of adults must change” to ensure that children with disabilities can reach their full potential. John Cronin, co-founder of John’s Crazy Socks, recounted that his disability “never held [him] back.” The Chief Happiness Officer of his $6 million company, he assists with public relations, merchandising, and same-day shipping to customers—who include presidents, prime ministers, and movie stars.  His passion drives his 8-hour work day, and he wants the world to know what tremendous feats people like him can accomplish. John’s Crazy Socks competes with corporate giants such as Amazon, yet the company is set apart by its social mission: to raise money for its partners and to demonstrate that hiring individuals with disabilities is a smart business decision. John’s Crazy Socks emphasizes employees’ abilities rather than disabilities and matches those abilities to the needs of the company. More than half of John’s Crazy Socks employees are differently-abled. Mark Cronin, CEO of John’s Crazy Socks, underscored that John’s Crazy Socks employees are paid above minimum wage, even though the law permits him to pay below minimum wage: “Our colleagues do not do minimum work, so we do not offer minimum pay.” He explained, “Employers will learn that those with differing abilities are an asset, not a liability. And the employers who learn this lesson the fastest, will be at an advantage and find greater success.”

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Helsinki Commission Briefing to Highlight Empowerment of Those with Intellectual Disabilities

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: A TRULY INCLUSIVE SOCIETY:  ENCOURAGING THE ABILITY IN DISABILITY Monday, September 24, 2018 3:30 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Fifty-seven million Americans are living with disabilities, 400,000 of them with Down Syndrome. Almost three decades ago President Bush signed into law the Americans with Disabilities Act (ADA), which provides individuals with disabilities access to the same employment opportunities and benefits available to people without disabilities; encourages employers to make reasonable accommodations; requires state and local governments to make all services and programs available to individuals with disabilities; prohibits places of public accommodation from discriminating against individuals with disabilities; and directs businesses to make reasonable modifications when serving individuals with disabilities. In so doing, the ADA has broken down many barriers blocking the full participation of individuals with disabilities in their communities and economies across the United States. While the United States has an exemplary system of integration, empowerment, and protection from discrimination, individuals with intellectual disabilities like Down Syndrome have recommended numerous further improvements to U.S. law. This briefing will explore best practices developed federally and locally in the United States to empower and integrate individuals with intellectual disabilities and discuss legal changes that will enable individuals with intellectual disabilities to reach their full potential. Panelists scheduled to participate include:   Sara Hart Weir, President and CEO, National Down Syndrome Society Kayla McKeon, Manager of Grassroots Advocacy, National Down Syndrome Society; first Capitol Hill lobbyist with Down Syndrome Dr. Sheryl Lazarus, Director, The TIES Center John Cronin, Entrepreneur with Down Syndrome; co-founder of John’s Crazy Socks Mark Cronin, Co-Founder and President, John’s Crazy Socks

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Bosnia & Herzegovina

    Mr. President, it is important for this Senate and this country to once again be interested in Bosnia and Herzegovina. During my time in Congress, and particularly since joining the U.S. Helsinki Commission, which I now chair, the Western Balkans have been an ongoing concern of mine. Although our relationship with all of these countries of the Western Balkans is important, the United States has a specific interest, a particular interest, in Bosnia and Herzegovina. We need to concentrate more on that. I had the opportunity in July to lead a nine-member bicameral delegation to Bosnia. The delegation sought to see more of the country and to hear from its citizens, rather than meet only in the offices of senior Bosnian officials. We visited the small town of Trebinje in the entity of Republika Srpska, and we visited the city of Mostar in the entity of the Federation. Then, we went on and visited in Sarajevo, the capital, engaging with international officials, the Bosnian Presidency, and citizens seeking a better Bosnia. Bosnia was a U.S. foreign policy priority when I came to the House in 1995. In less than a decade, Bosnia had gone from international acclaim while hosting the Winter Olympics to the scene of the worst carnage in human suffering in Europe since World War II. The conflict that erupted in Bosnia in 1992 was not internally generated. Rather, Bosnia became the victim of the breakup of Yugoslavia and the extreme nationalist forces this breakup unleashed throughout the region, first and foremost by Serbian leader and war criminal Slobodan Milosevic. The carnage and tragic conflict that occurred in the early 1990s was more than about Bosnia. It was about security in a Europe just emerging from its Cold War divisions and the international principles upon which that security was based. For that reason, the United States, under President Bill Clinton, rightly exercised leadership when Europe asked us to, having failed to do so themselves. The Clinton administration brokered the Dayton peace agreement in November 1995 and enabled NATO to engage in peacemaking and peacekeeping to preserve Bosnia's unity and territorial integrity. That was the Bosnian peace agreement. Almost a quarter of a century later, after the expenditure of significant diplomatic, military, and foreign assistance resources, the physical scars of the conflict have been largely erased. As we learned during our recent visit, the country remains far short of the prosperous democracy we hoped it would become and that its people deserve. Mostar, a spectacular city to visit, remains ethnically divided with Bosniak and Croat students separated by ethnicity in schools, even inside the same school buildings. Bosnian citizens, who are of minority groups, such as Jews, Romanis, or of mixed heritage, still cannot run for certain political offices. This is 2018. They can't run for State-level Presidency, simply because of their ethnicity. Neither can Bosniaks and Croats in Republika Srpska or Serbs in the Bosnian Federation run for the Presidency because of their ethnicity, in Europe in 2018. Nor can those numerous citizens who, on principle, refuse to declare their ethnicity because it should not replace their real qualifications for holding office. This goes on despite repeated rulings by the European Court of Human Rights that this flaw in the Dayton-negotiated Constitution must be corrected. In total, well over 300,000 people in a country of only 3.5 million fall into these categories despite what is likely their strong commitment to the country and to its future as a multiethnic state. This is simply wrong, and it needs to end. In addition, youth employment in Bosnia is among the highest in the world, and many who can leave the country are doing so, finding a future in Europe and finding a future in the United States. This denies Bosnia much of its needed talent and energy. Civil society is kept on the sidelines. Decisions in Bosnia are being made by political party leaders who are not accountable to the people. They are the decision makers. The people should be decision makers. Corruption is rampant. Ask anyone in Europe, and they will tell you, Bosnia's wealth and potential is being stolen by corruption. General elections will be held in October with a system favoring the status quo and resistance to electoral reforms that would give Bosnians more rather than fewer choices. The compromises made two and a half decades ago in Dayton to restore peace and give the leading ethnic groups--Bosniaks, Serbs, and Croats-- an immediate sense of security make governance dysfunctional today. Two-and-a-half-decades-old agreements make governance inefficient today in Bosnia. Collective privileges for these groups come at the expense of the individual human rights of the citizens who are all but coerced into making ethnic identity their paramount concern and a source of division, when so many other common interests should unite them. Ethnically based political parties benefit as they engage in extensive patronage and corruption. Beneath the surface, ethnic reconciliation has not taken hold, and resulting tensions can still destabilize the country and even lead to violence. Malign outside forces, particularly Vladimir Putin's Russia but also influences from Turkey and Gulf States, seek to take advantage of the political impasse and malaise, steering the country away from its European and Euro-Atlantic aspirations. As a result of these developments, Bosnia and Herzegovina is not making much progress, even as its neighbors join NATO and join the EU or make progress toward their desired integration. In my view, we should rightly credit the Dayton agreement for restoring peace to Bosnia. That was 25 years ago, but it is regrettable the negotiators did not put an expiration date on ethnic accommodations so Bosnia could become a modern democracy. As one of our interlocutors told us, the international community, which has substantial powers in Bosnia, has steadily withdrawn, turning over decision making to Bosnian officials who were not yet committed to making the country work and naively hoping the promise of future European integration would encourage responsible behavior. That has not happened. Of course, we can't turn back the clock and can't insert that expiration date on the Dayton agreement, but having made a difference in 1995, we can and should help make a difference again today. It is in our national security interest that we do so. I suggest the following. The United States and our European friends should state, unequivocally, that Dayton is an absolute baseline, which means only forward progress should be allowed. Separation or new entities should be declared to be clearly out of the question. Secondly, U.S. policymakers should also remind everyone that the international community, including NATO, did not relinquish its powers to Bosnia but simply has chosen to withdraw and exercise them less robustly. We should seek an agreement to resurrect the will to use these powers and to do so with resolve if growing tensions make renewed violence a credible possibility. Next, the United States and Europe should adopt a policy of imposing sanctions on individual Bosnian officials who are clearly engaged in corruption or who ignore the Dayton parameters, Bosnian law, and court rulings in their work. Washington has already done this regarding Republika Srpska President Milorad Dodik, and just recently, Nikola Spiric, a member of Bosnia's House of Representatives. However, the scope should be expanded, and European capitals need to join us in this regard. Senior U.S. officials, as well as Members of Congress, should make Sarajevo a priority. I hope more of our Members will visit Bosnia and increase our visibility, demonstrate our continued commitment, and enhance our understanding. Bosnia may not be ready to join NATO, but its Membership Action Plan should be activated without further delay. As soon as this year's elections are over in Bosnia, the international community should encourage the quick formation of new parliaments and governments at all levels, followed immediately by vigorous reform efforts that eliminate the discrimination in the criteria for certain offices, ensure that law enforcement more effectively serves and protects all residents, and end the corruption in healthcare and so many other violent areas of daily life. Our policy must shift back to an impetus on universal principles of individual human rights and citizen-based government. Indeed, the privileges Dayton accorded to the three main ethnic groups are not rights but privileges that should not be upheld at the expense of genuine democracy and individual rights. We, in my view, have been far too fatalistic about accepting in Bosnia what we are not willing to accept anywhere else. We also underestimate what Bosnians might find acceptable, and we should be encouraging them to support leaders based on credentials, positions, and personal integrity, not based on ethnicity. There should no longer be a reason why a Bosniak, Serb, or Croat voter should be prohibited by law from considering a candidate of another ethnicity or a multiethnic political party. All candidates and parties would do well to seek votes from those not belonging to a single ethnic group. This may take time and perhaps some effort, but it should happen sooner rather than later. Let me conclude by asserting that greater engagement is in the interest of the United States--the economic interest and the national security interest. Our country is credited with Bosnia's preservation after the country was almost destroyed by aggression, ethnic cleansing, and genocide. Thank God our country was there for Bosnia. Our adversaries--notably, but not exclusively, Russia--would like nothing more than to make an American effort fail in the end, and they would ensure that its repercussions are felt elsewhere around the globe. Current trends in Bosnia make the country an easier entry point for extremism in Europe, including Islamic extremism. If we wait for discrimination and ethnic tensions to explode again, our engagement will then become a moral imperative at significantly greater cost. The people of Bosnia, like their neighbors throughout the Balkans, know they are in Europe but consider the United States their most trusted friend, their most honest friend. They want our presence and engagement, and given the tragedies they have experienced, they have earned our support and friendship

  • Race, Rights, and Politics

    Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   The briefing featured European political leaders and civil society representatives of African descent, or black Europeans, who discussed the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including parallel issues faced by black and minority populations on both sides of the Atlantic.  Helsinki Commissioner Representative Gwen Moore opened the event, stressing the importance of transatlantic cooperation to address increasing challenges to democracy and rising prejudice and discrimination in Europe and the United States. The speakers emphasized the need for greater protection of human rights of minorities of all backgrounds—racial and otherwise—including Polish, Romanian, Jewish, and Muslim populations, particularly in a modern Europe of sharp demographic change, BREXIT, and stagnating birth rates. They also discussed the need for migrant labor to revitalize and sustain European economies and social welfare systems.  Hungarian Parliamentarian Olivio Kocsis-Cake called for European policymakers to do more to address the situation of Roma. In response to a question on the European Parliament invoking Article 7 sanction procedures against Hungary—censuring it for violating “fundamental values” of the EU—he expressed hope that the EU’s rebuke would lead Hungarian PM Viktor Orbán to reconsider the “nationalist” and xenophobic policies he was advancing.   MP Killion Munyama of Poland spoke of his work on the Council of Europe Resolution 2222, which promotes minority political participation.  Parliamentarian Clive Lewis of the United Kingdom argued that BREXIT would negatively impact black populations—exacerbating existing housing, job, and education disparities—and that xenophobic rhetoric associated with the BREXIT campaign had led to a 20-30 percent spike in “race-hate” attacks. Against the backdrop of the Alternative für Deutschland (AfD) party and the recent neo-Nazi protests in Chemnitz, Germany, Parliamentarian Aminata Toure of Schleswig-Holstein, Germany, reflected on her experience as the first black woman elected to her region’s parliament and one of only six black MPs in all of Germany. She called for more be done to empower the 23 percent of Germans with migrant backgrounds who find themselves massively underrepresented in governing structures, and are increasingly becoming targets of violence. Panelists Nero Ughwujabo and Simon Woolley discussed their separate efforts on implementing the United Kingdom’s March 2018 Race Disparity Audit Report to eradicate disparities across all sectors. The effort was heralded as a potential model for by which governments could address systemic inequalities amongs their own populations.  Ministers must “explain or change” disparities, with 90 million pounds dedicated towards the effort. Citing the UK effort as a model that could be emulated, Mr. Woolley contended that it is in every government’s self-interest to “unlock the potential on their doorstep” in minority populations. Civil society representatives Ali Khan and Jeffrey Klein argued that empowering black and minority populations was key, including by directing funding towards minority-led, grassroots organizations.  Groups do not need to be saved from without, but empowered from within. The panel concluded with speakers calling for solidarity and lasting cooperation in implementing democratic principles, and seeking recognition, representation, and access to equal opportunities for diverse communities.

  • Ongoing Election Challenges in Bosnia and Herzegovina

    On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments. Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.    The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today. This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska. In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation.  Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples. The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level. In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms. The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo.  At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.”  The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October. Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse.  Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

  • Helsinki Commission to Hold Briefing on Race, Rights, and Politics in Europe

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RACE, RIGHTS, AND POLITICS: BLACK AND MINORITY POPULATIONS IN EUROPE Wednesday, September 12, 2018 10:00 a.m. to 11:30 a.m. Rayburn House Office Building Room 2220 Live Webcast: www.facebook.com/HelsinkiCommission Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   At the briefing, European political leaders will discuss the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including findings from the European Parliament’s May 2018 People of African Descent Week and United Kingdom’s March 2018 Race Disparity Audit Report. The following speakers are scheduled to participate: MP Olivio Kocsis-Cake (Hungary)  MP Clive Lewis (United Kingdom)  MP Killion Munyama (Poland)  MP Aminata Toure (Schleswig-Holstein, Germany)  Nero Ughwujabo, Special Adviser to Prime Minister Theresa May, Social Justice, Young People & Opportunities (United Kingdom)  Alfiaz Vaiya, Coordinator, European Parliament Anti-Racism and Diversity Intergroup (ARDI)  Simon Woolley, Director, Operation Black Vote; Chair, Prime Minister’s Race Disparity Advisory Group (United Kingdom)

  • Condolence Letter from OSCE PA President to Helsinki Commission Leaders Following Death of Sen. John McCain

    This week, OSCE Parliamentary Assembly President George Tsereteli offered his condolences to Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) following the death of Sen. John McCain. The letter reads in part: “His departure will leave a large void in the hallways of the U.S. Capitol and in many capital cities, where so many of us appreciated his frequent visits and his staunch dedication to transatlantic co-operation … “More than anyone, he believed that a strong relationship between the U.S. and Europe is necessary to promote peace and stability across the OSCE area and throughout the world. This week, the OSCE lost a friend whose unwavering commitment to democratic principles made of him a critical voice in our transatlantic community. "Many of us remember fondly his participation in our 2012 Annual Session in Monaco, where he underlined U.S. efforts to sanction human rights offenders and when his words aligned our Assembly with a universal aspiration ‘for justice, for equal dignity under the law, and for the indominable spirit of human freedom.’” Sen. McCain was a longtime supporter of human rights and active in the OSCE region. In 2011, along with then-Helsinki Commission Co-Chairman Sen. Ben Cardin (MD), Sen. McCain was an original co-sponsor of the Sergei Magnitsky Rule of Law and Accountability Act imposing sanctions on those responsible for the death of Russian lawyer Sergei Magnitsky and individuals who commit gross violations of human rights against rights defenders in Russia. The two also co-authored the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges in the United States to those who commit gross violations of human rights or acts of significant corruption. At the 2012 OSCE PA annual session, Sen. McCain spoke passionately in support of a resolution on the rule of law in Russia, which highlighted Magnitsky’s case.   “I believe that supporting the rule of law is pro-Russia. I believe that defending the innocent and punishing the guilty is pro-Russia. And ultimately, I believe the virtues that Sergei Magnitsky embodied—integrity, fair-dealing, fidelity to truth and justice, and the deepest love of country, which does not turn a blind eye to the failings of one's government, but seeks to remedy them by insisting on the highest standards—this too is pro-Russia, and I would submit that it represents the future that most Russians want for themselves and their country,” he said. “The example that Sergei set during his brief life is now inspiring more and more Russian citizens. They are standing up and speaking up in favor of freedom, democracy, and the rule of law. They, like us, do not want Russia to be weak and unstable. They want it to be a successful and just and lawful country, as we do. Most of these Russian human rights and rule of law advocates support our efforts to continue Sergei's struggle for what's right, just as they are now doing … let us align this Assembly with the highest aspirations of the Russian people—Sergei's aspirations—for justice, for equal dignity under the law, and for the indomitable spirit of human freedom.”

  • Attacks on Roma in Ukraine

    Roma are the largest ethnic minority group in Europe and experience widespread discrimination and bigotry. Since the adoption of the 1990 OSCE Copenhagen Document, the U.S.  Helsinki Commission has actively monitored and advanced the OSCE’s human rights commitments to Roma.  Over the course of 2018, attacks on Roma in Ukraine have escalated dramatically. Several of the mob attacks have been filmed and broadcast in an attempt to intimidate Roma communities. The attacks have destroyed property, injured many, and killed at least one. Families, homes, and entire communities have been the target of these mob attacks.  Since April, the Roma Coalition reported eight attacks against Roma settlements in Ukraine, and more than 150 people have fallen victim to these attacks.  Although efforts have been made at the local, national, and international levels to counter this violence, much remains to be done. Helsinki Commission Counsel on International Law Erika Schlager explained, “These messages were intended to stoke fear and sow interethnic tension … by engaging sooner rather than later, it makes it more likely that the government can take the actions necessary to put an end to this kind of violence.” Halyna Yurchenko, coordinator of the NGO “Roma of Ukraine – TERNIPE,” added, “Most of the attacks were conducted on vulnerable groups quite below the poverty line and on those who live a traveling lifestyle. This traveling lifestyle is not a tradition but forced labor migration because of their difficult socio-economic situation.” Zola Kondur, founder of the Chiricli International Roma Women’s Fund, highlighted some of the other challenges that Roma face in Ukraine. For example, many Roma lack civil registration documentation such as birth certificates, passports, and proof of residence, which can prevent them from fully exercising rights such as the right to an education.  Although the panel agreed that education is one of the most vital components for the success and integration of Roma, obtaining an education in Ukraine without such legal documentation is difficult; such documentation is required for a student to enroll.  “The obstacle is that parents have to provide a lot of documents to prove that their child can attend the school belonging to that district” said Kondur. Even if a Roma child is enrolled successfully, Roma settlements are often situated far from schools; monthly contribution from parents; and they can face language barriers, and discrimination. The combination of no education and civil documentation makes obtaining a job difficult or even impossible. Although there are no official statistics for the current rate of unemployment of Roma, according to estimates from NGOs, only 38 percent of Roma are employed. Oskana Shulyar, Deputy Chief of Mission at the Embassy of Ukraine to the United States, acknowledged the grave humanitarian situation affecting Roma and explained how the Ukrainian government’s continuously tries to assist one of its nation’s most vulnerable groups.  “Ukraine is strongly committed to principles of tolerance and nondiscrimination of all ethnic groups, including the Roma community,” she said. Alongside the Ministry of Internal Affairs of Ukraine, law enforcement, and national security, grassroots organizations and local governments are working to create a safer community for Roma.  Shulyar stated, “We need the continuous support from our partners, including the United States … to support Ukrainian reforms.” Suggestions by the panelists to improve the situation of Roma in Ukraine and counter the increasing attacks on this vulnerable minority included better monitoring and assessment of hate crimes in Ukraine; careful identification of hate as a motive so that government can properly identify and counter increases in these crimes; and more effective efforts to prosecute and convict perpetrators of violent hate-motivated acts. Panelists also recommended that individuals or groups implicated in such violence be barred from state funding, and that Roma should be included in the policy making process, especially if there is consideration of updating Ukraine’s 2013 strategy for inclusion in light of the recent attacks. Click here to see the full timeline of the attacks.

  • Helsinki Commission Briefing to Examine Attacks on Roma in Ukraine

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ATTACKS ON ROMA IN UKRAINE Wednesday, July 25, 2018 10:00 a.m. Senate Visitor Center Room SVC 214 Live Webcast: www.facebook.com/HelsinkiCommission Over the course of 2018, attacks on Roma in Ukraine have escalated dramatically. Several of the mob attacks have been filmed and broadcast in an attempt to intimidate Roma communities. The attacks have destroyed property, injured many, and killed at least one. This briefing will examine the impact on Romani communities, possible patterns in the attacks, and the response of the Ukrainian government. Panelists will also offer policy recommendations for protecting what is arguably Ukraine’s most vulnerable minority. Panelists scheduled to participate include: Zemfira “Zola” Kondur, Romani human rights activist; Founder, Chiricli International Roma Women’s Fund Halyna Yurchenko, Coordinator, the NGO “Roma of Ukraine - TERNIPE” Oksana Shulyar, Deputy Chief of Mission and Minister Counselor, Embassy of Ukraine to the United States

  • Transatlantic Relations in Flux

    Following recent changes to the U.S. approach to economic and security policies in Europe, and a series of internal European developments—such as the recent influx of migrants and refugees, challenges to the rule of law, and Brexit—the transatlantic relationship is evolving rapidly. At the briefing, Members of the European Parliament (MEPs) discussed current obstacles in the transatlantic relationship and identified opportunities to strengthen the relationship moving forward.    MEP Claude Moraes of the United Kingdom kicked off the conversation by remarking on the importance of the European Union’s relationship with the United States. Moraes outlined concerns shared by the EU and the United States, ranging from commercial and security data transfers to counterterrorism and cybersecurity. “It’s about ensuring that we protect our democracies, our elections from interference, as we’ve seen from Russia,” Moraes said. Moraes also discussed the importance of security cooperation and BREXIT’s impact on the transatlantic relationship. “The EU is a good thing,” he said, noting that the EU magnifies the U.K.’s global ability to work with other countries on security and counterterrorism issues. For example, following BREXIT the U.K. is likely to lose some of its access to Europol, an EU-wide law enforcement agency that coordinates the sharing of intelligence, data, and other resources between EU Member States. Noting that the original goals of the 1975 Helsinki Final Act were to promote and defend democracy, MEP Michał Boni of Poland highlighted obstacles on both sides of the Atlantic to an ideal transatlantic relationship. On the U.S. side, he cited trade wars, waning diplomacy, and political uncertainty and instability. On the EU side, he lamented the rise of “illiberalism” across the continent, including challenges to democratic principles in Poland, Hungary, Romania, the Czech Republic, and Italy.   If the transatlantic relationship is to advance into the future, “we need now to start and to fight for the democracy, freedoms, and rule of law on both sides of Atlantic,” Boni said. French MEP Nathalie Griesbeck observed that the United States is the EU’s most important partner in the fight against terrorism and praised the skills of the U.S. intelligence community, noting that transatlantic intelligence-sharing efforts had prevented terror attacks across Europe.  “The European Union and the United States should use all available channels of communication in order to strengthen the transatlantic relationship [and] use the full potential of that cooperation to preserve the democratic, liberal, and multilateral order to promote stability and continuity on the continents […] even if the winds are sometimes bad,” she said. Panelists also addressed the question of whether migration to Europe could be capitalized upon to address the EU’s shrinking workforce and the need to preserve Europe’s economic future. They agreed that with efforts to attract highly skilled workers falling short, Europe must juggle political pushback against increased migration with the reality of an aging population. The MEPs also discussed the recent EU-Japan trade agreement, the EU’s Eastern Partnership, Turkey, the Western Balkans, and EU enlargement.

  • Members of European Parliament to Assess Transatlantic Relations at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: TRANSATLANTIC RELATIONS IN FLUX Wednesday, July 18, 2018 10:00 a.m. Hart Senate Office Building Room 216 Live Webcast: www.facebook.com/HelsinkiCommission Following President Trump’s recent trip to Europe, leading European policymakers will address the state of transatlantic relations. Members of the European Parliament will discuss the potential impact of changing U.S. economic and security policies in the region, the future of the EU following Brexit, and the toll that increased migration has taken on European political cohesion. Opening remarks will be provided by Helsinki Commission Chairman Sen. Roger Wicker (MS). The following Members of the European Parliament are scheduled to participate: MEP Nathalie Griesbeck (France), Chair, European Parliament Special Committee on Terrorism; Alliance of Liberals and Democrats MEP Claude Moraes (UK), Chair, European Parliament Committee on Civil Liberties, Justice, and Home Affairs; Progressive Alliance of Socialists and Democrats MEP Michal Boni (Poland), European People's Party Additional speakers may be added.  

  • The OSCE and Roma

    Roma are the largest ethnic minority in Europe and are present in most of the participating States of the Organization for Security and Cooperation in Europe.  Concentrated in post-communist Central and Southern Europe, the Romani population is estimated at over 12 million in EU countries, with significant numbers in former Soviet republics, the Balkans, and Turkey. Roma have been part of every wave of European immigration to North American since the colonial period.  There may be as many as one million Americans with Romani ancestry. Roma have historically faced persecution in Europe and were the victims of genocide during World War II.  In post-communist countries, Roma suffered disproportionately in the transition from command- to market-economies, in part due to endemic racism and discrimination. Over the past three decades, Helsinki Commissioners have led the effort in Washington to condemn racially motivated violence against Roma, including pogroms, murders, other violent attacks, and police abuse. The Helsinki Commission has also advocated for recognition of the enslavement and genocide of Roma and redress for sterilization without informed consent.  The Commission has addressed race-based expulsion of Roma, the denial of citizenship to Roma after the break-up of federative states, and the consequences of ethnic conflict and war in the Balkans. The Helsinki Commission strongly supported the first international agreement to specially recognize the human rights problems faced by Roma, adopted by OSCE participating States in 1990. Download the full report to learn more. Contributor: Erika Schlager, Counsel for International Law

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

  • 2018 World Cup: The Beautiful Game and an Ugly Regime

    The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor

  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

    WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death.  Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more.  Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.  It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

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