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publication
U.S. HELSINKI COMMISSION DELEGATION TO BOSNIA-HERZEGOVINA
Wednesday, October 26, 1994The Commission delegation travelled to the Bosnian capital of Sarajevo to assess the situation in Bosnia-Herzegovina as the third winter of the conflict in that country approached. Specifically, the delegation was interested in local observations of the prospects for peace, international policies to enhance those prospects quickly and effectively, and the continuing humanitarian crisis that continues in the meantime. These objectives were part of a larger Commission effort to document the tragic events which had transpired in Bosnia-Herzegovina and other parts of the former Yugoslavia since that federation began its violent disintegration, and to raise public awareness of the severe violations of CSCE principles and provisions that resulted. Following its visit to Sarajevo, the Commission delegation travelled to Albania at the invitation of President Sali Berisha. The visit offered the opportunity for the Commission to observe firsthand the vast changes which had taken place in Albania since the elections of 1992, which ousted the communists from power after nearly 50 years of ruthless repression and isolation. It also was intended to show support for Albania during a time of crisis and conflict in the Balkans and, at the same time, to encourage Albania to make continued progress and avoid making mistakes which could damage Albania's image abroad. During the last stop on the trip, the delegation visited Turkey to examine issues of mutual concern to the United States and Turkey, including human rights issues, the Kurdish situation, conflict in the Balkans and the Middle East peace process.
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briefing
Nagorno-Karabakh
Friday, July 29, 1994In this briefing, which CSCE Staff Director Samuel G. Wise chaired, the focus was on the conflict that had then recently transpired between the countries of Armenia and Azerbaijan. More specifically, the two countries had had a territorial dispute regarding the area of Nagorno-Karabakh. This dispute had manifested itself into all-out violence that had claimed around 15 million lives at the time of the briefing, as well as creating well over a million refugees. The briefing was the fifth in a series of briefings and hearings that the Helsinki Commission had held since 1988 regarding Nagorno-Karabakh. Fortunately, also at the time of this briefing, there had been very few armed clashes for a couple of months, and the warring factions had observed an informal cease fire. Actually, just three days prior to the briefing, the Defense Ministers of Armenia, Azerbaijan, and Nagorno-Karabakh jointly noted the success of the cease fire and looked forward to a more comprehensive resolution of the conflict. With this decrease in violence, attention had shifted to the international diplomatic plane. The CSCE and the Russians had put forward at least somewhat similar cease fire plans, albeit with competition for adherence. The ultimate end of both approaches was a broader agreement about the status of Nagorno-Karabakh and making peace in the region. The purpose of the briefing, then, was to discuss the possible framework of a political settlement.
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briefing
Banned Turkish Parliamentarians Discuss State of Democracy in Turkey
Friday, July 01, 1994The briefing addressed the limitations of free speech in Turkey, which fell victim to the government’s war against the Kurdish minority. The Commission brought to attention the arrests and detention of Democracy Party parliamentarians and others who spoke out in support of rights for Turkey’s Kurdish citizens, which brought the Turkish government’s commitment to free speech and other basic human rights into question. On June 16th, the Democratic Part was banned by the Turkish Constitutional Court. Remzi Kartal, a member of Turkish Parliament, was among those who were forced to flee the country as a result. He was joined by Ali Yigit, a member of the Turkish Parliament who was also stripped of his status. At the briefing, Kartal and Yigit jointly addressed the political and economic problems in Turkey, centered on the 20 million Turkish Kurds who do not have a voice in Turkey’s government.
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hearing
Russia and its Neighbors
Tuesday, May 24, 1994Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.
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briefing
Russia and NATO: Moscow’s Foreign Policy and the Partnership for Peace
Friday, May 06, 1994This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.
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hearing
Bosnia’s Second Winter Siege
Tuesday, February 08, 1994After two years of genocide and starvation and despite the best efforts of appeasement from Western Europe and the United States, the war in Bosnia-Herzegovina won’t go away. It won’t go away because, despite overwhelming odds, the victims have refused to surrender to the forces of genocide and territorial aggression. A robust discussion on the Bosnia-Herzegovina policies the United States should implement will ensue.
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hearing
Bosnia’s Second Winter Siege
Tuesday, February 08, 1994After two years of genocide and starvation and despite the best efforts of Western Europe and the United States, the war in Bosnia-Herzegovina has not ended. A robust discussion on the best policies toward Bosnia-Herzegovina the United States should implement will ensue.
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hearing
THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA - PART 3
Saturday, October 23, 1993President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.The hearing concludes with possible U.S. responses with findings and reports to support prospective actions.
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hearing
THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA- PART 2
Thursday, October 21, 1993President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.
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publication
CSCE Implementation Meeting on Human Dimension Issues
Friday, October 15, 1993Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.
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publication
Human Rights and Democratization in Bulgaria
Wednesday, September 01, 1993The Helsinki Commission's last comprehensive report on Bulgarian CSCE implementation was published in 1988. (The Commission also published a report in 1991 on the ethnic Turkish minority in Bulgaria). At that time, Bulgaria was in violation of many of its CSCE commitments. Its human rights record was among the worst of the Helsinki signatory states. Clearly, much has changed since then. Since the fall of communism in November 1989, Bulgaria has made impressive strides towards becoming a democratic state based on the rule of law. Bulgaria is experiencing a rare historical opportunity in which it can genuinely forge its own fate. Unshackled from the external Soviet empire of communist rule with which it had especially close links, Bulgaria is developing a democratic, rule of law state where the rights of all of its citizens are being met with greater respect. While Bulgaria faces considerable problems in its post-communist transition, and will continue to in the foreseeable future, it is doing much better than most of its Balkan neighbors. Moreover, it is exceeding the expectations of those who until recently viewed Bulgaria through the prism of being the Soviet Union's “16th republic” and the home of papal assassination plots and forcible assimilation campaigns. Despite its very real problems, Bulgaria is indicating that it is more tolerant, pluralistic, democratic and stable than many would have supposed.
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event
Ethnic Violence in Trans-Caucasia
Wednesday, August 11, 1993Chairman Dennis DeConcini addressed rising ethnic violence in Armenia, Azerbaijan and Georgia and emphasized this region as more violent than other post-Soviet states. He referred to the continuing violence in Abkhazia, a separatist region in Georgia, and the rising concerns about further deterioration of stability in the region and Russia’s role in the conflict. Witnesses - Dr. Paul Henze, Ross Vartian, Mourad Topalian, Ambassador Hafiz Pashayev, and Ambassador John Maresca - highlighted the conflict between proponents of self-determination and governments insisting on territorial integrity and the difficulty of negotiating with sides that see completely different situations.
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hearing
The Yugoslavia Conflict: Potential for Spillover in the Balkans
Wednesday, July 21, 1993This hearing reviewed the potential for spillover in the Yugoslav conflict. In particular, the hearing examined the aggression in Bosnia- Herzegovina and the possible effects of this on its own ethnic communities and on those of neighboring countries. The economic decline that followed the disintegration of Yugoslavia provided additional hardships for the large refugee population in the region. The Commissioners examined how the U.S. should respond, and whether current policies, such as sanctions on Serbia and Montenegro, are effective.
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hearing
Human Rights Policy Under the New Administration
Thursday, June 10, 1993The purpose of this hearing was to examine the euphoria of the post-Cold War age in regards to the lack of confidence and political drive on how to promote commitments made in the Charter of Paris agreement. The hearing reviewed the actions made in the Balkans and Serbia’s continual territorial aggression and also developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries, but to those countries that disrespect universal human rights should have additional pressures applied to change this behavior. The distinguished witnesses and Commissioners discussed ways in which the U.S. can help play a role in strengthening the United Nation’s ability to promote and protect human rights, as well as how the U.S. could use greater use of regional bodies similar the CSCE in conflict resolution.
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publication
The CSCE's High Commissioner for National Minorities
Tuesday, June 01, 1993The CSCE created the post of High Commissioner on National Minorities at its July 1992 summit meeting in Helsinki, in response to the emergence of minority-related unrest as one of the main sources of conflict in Europe. Originally proposed by the Netherlands, the proposal received wide support as an innovative approach to national minority problems unleashed by the disappearance of superpower confrontation in Europe. Some of the most innovative aspects of the original proposal for a High Commissioner were substantially watered down in response to individual state's concerns. The High Commissioner may not become involved where armed conflict has already broken out or in areas already under consideration by the CSO, unless the permission of the CSO is given. Communication with or response to communications from organizations or individuals who practice or publicly condone terrorism is prohibited, as is involvement in situations "involving organized acts of terrorism." Former Dutch Foreign Minister Max van der Stoel was appointed the first High Commissioner in December 1992; his office began to function in January 1993, with premises donated by the Dutch government and a staff of three diplomats seconded from the Dutch, Polish and Swedish foreign ministries.
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hearing
Situations of Kurds in Iran, Iraq, and Turkey
Monday, May 17, 1993This briefing focused on the Kurdish minority, the fourth largest nationality in the Middle East primarily concentrated in the States of Iran, Iraq, and Turkey, a CSCE signatory state. The lack of institutional protection of human rights and individual freedoms that the Kurdish minority suffers from in each of these states was addressed. Additionally, the principles of territorial integrity, self-determination, and respect of human rights were explored in the context of the Middle East. Witnesses at the briefing – including Ahmet Turk, Chairman of the People’s Labor Party and Barham Salih, a Representative of the Iraqi Kurds – offered descriptions of the historical context and the political framework in which the issue of violations of the human rights of the Kurdish minority has arisen. Mr. Salih presented his personal experience as the evidence of the process of forced assimilation that Kurds were enduring in Turkey at the time.
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briefing
Situation of Kurds in Iran, Iraq, and Turkey
Monday, May 17, 1993The briefing, introduced by Mary Sue Hafner, was another chapter in the Commission’s ongoing examination of minority issues within the CSCE and focused on the issue of the Kurdish minority, who constitute the fourth largest nationality in the Middle East, of approximately 20 to 25 million, primarily concentrated in the states of Iran, Iraq, Turkey, and, to a lesser extent, in Syria. What is common to the Kurdish minority in all of the countries in which they live is the lack of institutional protection of human rights and individual freedoms. The witnesses - Dr. Mark Epstein, Ahmet Turk from the People’s Labor Party, and Barham Salih, the Iraqi Kurdish Representative - spoke of the need for recognition of human rights and self-determination for Kurdish people in the region. They provided the audience with a historical context and political framework in which the situation existed in 1993 and discussed the possibility for progress in recognizing Kurdish rights.
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briefing
Migrant Farmworkers in the United States (Part 5)
Wednesday, April 21, 1993At the 1992 Helsinki Summit, previously limited references to migrant workers were expanded, and the heads of state or government mandated the newly established Office for Democratic Institutions and Human Rights to convene a seminar on migrant workers. In the context of this expanded OSCE focus, the Helsinki Commission organized five days of public briefings examining: farm labor economics, demographics and living conditions, health and safety concerns, farmworker children's issues, and possible strategies for addressing problems facing farmworkers, their families and their employers. Those briefings were held on July 20, 1992; October 9, 1992; February 19, 1993; March 1, 1993; and April 8, 1993. The Commission subsequently published the briefing transcripts along with materials for the records submitted by the panelists. In addition, the Commission held a briefing on April 21, 1993, to hear from participants in that first OSCE seminar on migrant workers. The first four briefings were published on the Commission website in May 1993. Sam Wise, staff director at the Commission, was joined by Maria Echaveste, Mike Hancock, and Linda Diane Mull in discussing the issue of migrant workers in the United States. They compared the treatment of migrant workers in Europe to the laws in the United States and mentioned that the United States focused greatly on illegal workers, as opposed to Europe. The briefing drew from the recent seminar in Warsaw on migrant workers and included members of the United States Delegation to the meeting, such as Maria Echavestee, who spoke of their observations. Click to read Part 1, Part 2, Part 3, and Part 4.
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briefing
Human Rights in Turkey Part 2
Monday, April 05, 1993In this briefing, Mary Sue Hafner, Deputy Staff Director to the Commission, addresses the state of human rights in Turkey and its failure to build effective, enduring democratic institutions. Hafner highlights the most pressing issues as being torture, the rights of minorities, freedom of expression, and freedom of association. This continuation of the transcript includes Maryam Elahi’s and Namik Tan’s statements on the human rights conditions in Turkey in 1993. Elahi summarizes Amnesty International’s concerns regarding Turkey’s increase in torture, its extrajudicial killings and “disappearances,” and the general targeting of minorities and opposition members. Tan emphasizes the dissolution of the Soviet Union as catalyzing the instability in the region surrounding Turkey and insisted on the importance of Turkey’s security to the West.
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publication
U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna
Thursday, April 01, 1993The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.
Title
Title
By Bob Hand
CSCE Staff Advisor
The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia.
Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia.
In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict.
Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss."
In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases.
Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth."
In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this."
Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin.
"Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights."
Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed.
Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization.
"I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence."
Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony.
"All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth."
Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK).
Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result.
"I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested."
Maric added that his group has had no direct contact with the Croatia military on their cases.
Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military."
Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe.
Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record.
All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend.
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.