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Slovak Chairmanship Convenes Conference on Anti-Semitism
Special Representative Cardin Urges Leaders, Parliamentarians to Step Up
Friday, February 22, 2019

By Dr. Mischa Thompson, senior policy advisor
and Erika Schlager, counsel for international law

From February 5-6, 2019, Slovakia, the 2019 OSCE Chair-in-Office, convened government officials and civil society representatives in Bratislava to discuss best practices to combat anti-Semitism in the OSCE region. The event followed the 2018 Italian Chairmanship’s conference in Rome and took place shortly after International Holocaust Remembrance Day (January 27).

The OSCE Chair-in-Office, Slovak Foreign Minister Miroslav Lajcik, opened the meeting, which was Slovakia’s first event of the year. Senator Ben Cardin, who serves as the OSCE Special Representative on Anti-Semitism, Racism, and Intolerance, participated by video and shared his most recent report prepared for the OSCE PA. U.S. Ambassador to Slovakia Adam Sterling represented the United States at the conference opening.

 

 


We are witnessing today a growth in anti-Semitic and xenophobic rhetoric across Europe and North America, not just on the fringes, but by political leaders who are fostering a permissive environment of hate.  Today’s conference is a timely call to action… As leaders, I ask that you join me today in working across the OSCE community to ensure that all people in our borders are able to live and worship in safety and dignity.  I also call on you to act by adopting a Plan of Action to Address Violence and Discrimination across the OSCE region so that we can win this fight.

Sen. Ben Cardin, OSCE PA Special Representative


 

On the opening day of the conference, the White House announced the appointment of Elan S. Carr as the United States Special Envoy to Monitor and Combat Anti-Semitism. Many members of the Helsinki Commission, including Chairman Alcee L. Hastings, had urged the president to fill this Congressionally mandated position.

As part of his first official trip, Carr participated in the Bratislava conference, where he met with representatives of civil society in his new capacity and held consultations with OSCE officials.

Conference Follows Deadliest Anti-Semitic Attack in U.S. History

For a second year in a row, an OSCE conference on anti-Semitism convened in the months following a deadly attack, fueled by anti-Semitism and extremism, in the United States. Just as the August 2017 events in Charlottesville were present in the minds of those gathering in Rome in January 2018, the memory of Jewish worshippers massacred at the Tree of Life Synagogue on October 27, 2018, where 11 people were murdered and several others wounded, underpinned every moment of the Bratislava conference.

A January 29, 2019, indictment of the alleged shooter specifically asserts that he “willfully caused bodily injury to 11 deceased and 2 surviving victims because of their actual and perceived religion.” The charges illustrate the relationship between “ordinary” criminal acts such as murder, targeting individuals because of their identity, and other criminal violations of civil rights (in this case, obstruction of the free exercise of religious beliefs).

 


“Last October, in the deadliest anti-Semitic attack in U.S. history, a gunman killed eleven Jews as they gathered for services at a synagogue in Pittsburgh. As the White House stated: ‘This atrocity was  chilling act of mass murder. It was an act of hatred. Above all, it was an act of evil. … We all have a duty to confront anti-Semitism in all its forms everywhere and anywhere it appears.’”

U.S. Ambassador Adam Sterling


 

Government Officials Pledge to Continue OSCE Efforts

The first day of the conference featured OSCE Secretary General Thomas Greminger, OSCE Office for Democratic Institutions and Human Rights (ODIHR) Director Ingiborg Gisladottir, World Jewish Congress CEO Robert Singer, and President of the Central Union of Jewish Religious Communities in Slovakia Igor Rintel.

Rabbi Andrew Baker, the Chair-in-Office’s Personal Representative on Combating Anti-Semitism, reviewed progress that had been made in combating anti-Semitism over the past 15 years. Nevertheless, he observed that recent surveys indicate “[s]ignificant numbers of Jews have witnessed or experienced anti-Semitic attacks. Over a third are reluctant to wear anything in public that would identify them as being Jewish. A similar percentage will even avoid attending Jewish events for fear of an anti-Semitic encounter.”

While asserting that, “[w]e can claim credit that through these years the OSCE has been in the forefront of the struggle,” he also observed that the “general climate has worsened, with growing racist and populist movements, a coarsening of public discourse in the easy ability of social media to amplify anti-Semitism and other forms of intolerance.”

Government representatives reflected on the problem of anti-Semitism in their own countries, with some presenting rather favorable pictures. Many speakers during the conference noted the importance the definition of anti-Semitism by the International Holocaust Remembrance Alliance (adopted in May 2016); several government officials reported how their countries are implementing the definition in practice.

Four other panels focused on security of Jewish communities and individuals; the role of education in addressing anti-Semitism and promoting Holocaust remembrance initiatives; the role of media and social media; and the role of civil society and coalition building to address anti-Semitism and all forms of intolerance and discrimination. 


Dr. Mischa E. Thompson, Helsinki Commission Senior Policy Advisor,
speaking at the conference on media and social media.

Christina Finch, the head of Head of ODIHR’s Tolerance and Non-Discrimination Department, reported on the completion of ODIHR’s unprecedented multi-year project, “Turning Words into to Action to Address Anti-Semitism.”  Grounded in the 2014 Basel Ministerial Declaration and funded by the German government, the project focused on security, education, and coalition building.  She outlined additional steps ODIHR is taking to help participating States implement the Security Guide developed as part of the “Words Into Action” project and the upcoming roll-out of an on-line Hate Incident Reporting Platform. 

Hungary in Focus

During the conference, remarks by Austrian Foreign Minister Karin Kneissl and Hungarian State Secretary Szabolc Takacs were notable for their broad negative portrayals of Muslims, refugees, and migrants as a source of anti-Semitism.

One civil society speaker subsequently noted, “It gave me great unease that at a conference on anti-Semitism, far-right backed politicians are able to have a stage, to have a platform, to put forward highly Islamophobic content.  It gave me great unease that speakers from countries that have a terrible record with their Jewish communities, where Jewish communities face some of the most complicated struggles today, are able to say ‘everything is okay in my country.’  I was very happy that . . . our panel called out Hungary as a place where we have seen recently a lot of conspiracy theories, a lot of this very tactical rhetoric that without being blatantly anti-Semitic still manages to put anti-Semitic messages out there.”

State Secretary Takacs also warned of the threat from extremist parties such as Jobbik, Hungary’s own far-right party. In fact, Hungary’s ruling party, Fidesz, generally has remained silent in the face of anti-Semitic and anti-Roma messages from Jobbik, implemented parts of Jobbik’s political program (including the adoption of the 2017 anti-NGO law), and amplified Fidesz’s own most notorious anti-Semitic and anti-Roma propagandist.

 

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Gypsy children are forced to attend schools where they are taught in the Czech or Slovak language and where, from the pictures in the primer, they get the impression that they are foreign, that they are second class citizens, without their own language, without a past and without a future.”   - Situation of the Gypsies in Czechoslovakia, Charter 77 Document No. 23, issued December 13, 1978 by Vaclav Havel and Dr. Ladislav Hejdanek, Charter 77 Spokesmen In 1999, a group of Roma from Ostrava, the Czech Republic’s third largest city, brought suit against their government, alleging that their assignment to “special schools” for the mentally disabled was tainted by racial prejudice and therefore violated Czech national and constitutional law, as well as European human rights law. At the time the case was brought, a number of Czech newspapers ran editorials indirectly espousing some form of school segregation.  For example, one leading newspaper ran an article arguing that educating a “future plumber” and a “future brain surgeon” together ultimately benefits neither one. On October 20, 1999, the Czech Constitutional Court rejected the plaintiffs’ claim.  In the view of the court, it did not have the jurisdiction to address the broad pattern of discriminatory treatment alleged – allegations supported by compelling statistical evidence but no smoking gun that proved an explicit intent to discriminate against the individual plaintiffs. Notwithstanding the Constitutional Court’s perceived jurisdictional inability to provide a remedy to the plaintiffs, the Court recognized “the persuasiveness of the applicants’ arguments” and “assume[d] that the relevant administrative authorities of the Czech Republic shall intensively and effectively deal with the plaintiffs’ proposals.” Having exhausted their domestic remedies, the students then turned to the European Court of Human Rights in Strasbourg, an organ of the Council of Europe. In connection with that suit, Case of D.H. and Others v. The Czech Republic, the Czech Government acknowledged that, nationwide, 75 percent of Czech Roma were channeled into special schools.  In some special schools, Roma made up 80-90 percent of the student body.  The Czech Government also acknowledged that “Roman[i] children with average or above-average intellect [we]re often placed in such schools” for children with mental disability. In opposing the plaintiffs’ claims, the Czech Ministry of Education attempted to deflect an examination of whether their placement in schools for the mentally disabled was the result of racial bias by claiming (among other things) that Romani parents have a “negative attitude” toward education. This assertion was particularly ironic, given the lengths to which the plaintiffs’ parents were willing to go – all the way to Europe’s highest human rights court – to ensure their children could get a good education. “In countries with substantial Romani communities, it is commonplace for Romani children to attend schools that are largely comprised of Roma or to be relegated to Roma classes within mixed schools. In its most pernicious form, segregation is achieved by routing Romani children into ‘special schools’ – schools for the mentally disabled – or into classes for mentally disabled children within regular schools”. - Report on the Situation of Roma and Sinti in the OSCE Area, issued by the OSCE High Commissioner on National Minorities, 2000 Moreover, this broad sweeping generalization, originally made before the Czech Constitutional Court, was viewed by some as confirmation of racial prejudice in the Czech education system. Remarkably, it was repeated without comment in the European Court’s decision.  Putting aside the bias reflected in the Ministry of Education’s assertion, there is no evidence demonstrating that a parent’s “negative attitude” results in actual mental disability in his or her children. Meanwhile, the Czech Government adopted some changes to the law on special schools which came into effect on January 1, 2005 (Law No. 561/2004) and on February 17, 2005 (Decree No. 73/2005).  To some degree, these changes were reactive to the issues raised by the Ostrava suit, including the criticisms of the procedures by which parental consent was purportedly obtained for the placement of children in special schools.  Nevertheless, non-governmental groups monitoring this situation argue that the changes have not dismantled an education system that remains effectively segregated and that the changes fail to provide redress or damages for the Romani plaintiffs from Ostrava who were denied equal access to mainstream schools. The case in Strasbourg was heard by a seven-member Chamber of European Court and resulted in a 6-1 decision.  Significantly, the President of the Chamber issued a concurring decision, in which he stated that some of the arguments of the dissenting judge were very strong.  He also suggested that in order to hold that there had been a violation of the Convention in this case, the Chamber might have to depart from previous decisions of the Court.  In his view, overturning or deviating from past rulings is a task better undertaken by the Grand Chamber of the Court.  The applicants have three months to decide whether to appeal this decision to a 17-member Grand Chamber. While the underlying issues which led Roma to bring this suit still persist, there are many indications that prejudices against Roma in the Czech Republic have diminished since the Ostrava case was first heard by the Czech Constitutional Court.  For example, when the European Court issued its holding in the case, a leading daily paper wrote that although the Czech Government “won” its case, there were still significant problems for Roma in the Czech educational system that needed to be addressed. Limitations of the European Court Decision Significantly, there were several issues the court did not address. The suit in question was brought under Article 14 of the European Convention on Human Rights, which is the non-discrimination provision of the Convention, in conjunction with Article 2 of Protocol 1 to the Convention, which provides for a right to education.  In essence, discrimination in education based on race, ethnicity or social origin is prohibited. When interpreting this standard, the Court referred to previous cases in which it held that States party to the European Convention “enjoy a certain margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment.”  The Court also reiterated “that the setting and planning of the curriculum falls in principle within the competence of the Contracting States.”  In short, while European Convention norms prohibit discrimination in education, States still have considerable discretion in designing their education programs.  But while the Court reiterated this jurisprudence, it failed to indicate what is meaningfully left of Articles 14 and Protocol 1, Article 2?  What threshold must be crossed before the court will actually determine that alleged discrimination takes a case out of the discretion of the States party to the Convention and brings it within the reach of the Court? Two other issues the court did not address do not relate so much to the court’s own jurisprudence, but from parallel developments in European Union norms in the field of non-discrimination. “The European Parliament [ . . . c]alls on Member States in which Roma children are segregated into schools for the mentally disabled or placed in separate classrooms from their peers to move forward with desegregation programmes within a predetermined period of time, thus ensuring free access to quality education for Roma children and preventing the rise of anti-Romani sentiment amongst school-children.” - European Parliament resolution on the situation of the Roma in the European Union, adopted April 25, 2005 In 2000, the European Union adopted “Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,” more commonly known as the “Race Directive.”  The directive is binding on all current 25 Member States of the European Union and is intended to ensure a minimum level of protection from race discrimination in all EU countries in several areas, including education.  (The fifteen countries that were EU members as of 2000 had until July 19, 2003, to transfer the directive into national law; applicant countries had until the date of their accession.  The Czech Republic joined the EU in 2004 but, in fact, it has not yet adopted comprehensive anti-discrimination legislation.  Legislation was introduced in the parliament in late 2005, but the draft was narrowly rejected by the Senate in January 2006.) The Race Directive requires Member States to adopt comprehensive anti-discrimination legislation that, among other things, requires anti-discrimination legislation to include both direct and indirect discrimination.  Indirect discrimination, which is at issue in the Ostrava case, is defined by the directive as occurring when “an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate and necessary.”  The legislation should also shift the burden of proof in civil cases from the plaintiffs to the defendants once a prima facie case of discrimination has been made. Thus, the EU Race Directive anticipates exactly the kind of case the plaintiffs in the Ostrava case presented.  Under the provisions of the directive, the overwhelming pattern of disparate treatment of Roma demonstrated by the plaintiffs should shift the burden of proof from them to the Czech Government.  (Notably, the directive was not applicable to the Czech Republic at the time of the Constitutional Court’s decision.) While the European Court of Human Rights does not adjudicate compliance with or implementation of the EU Race Directive, the Court’s overall approach to the Ostrava case appears to lag behind the legal developments in the European Union and, potentially, render the European Court a less effective vehicle for addressing discrimination than other existing or emerging tools in Europe. Regional Issues and Trends On November 27, 2003, the OSCE Permanent Council adopted “Decision No. 566, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.”  In particular, that Action Plan calls on the participating States to “[e]nsure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.”  In addition, participating States were urged to: 73.  Develop and implement comprehensive school desegregation programmes aiming at:  (1) discontinuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and  (2) transferring Roma children from special schools to mainstream schools. 74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education. Thus, all OSCE participating States, including the Czech Republic, have agreed, in principle, to the goal of integrating Roma in education and eradicating de facto segregated school where it may exist. In 2004, the European Roma Rights Center issued a report, Stigmata: Segregated Schooling of Roma in Central and Eastern Europe, examining the experiences of five countries (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).  The report describes the most common ways of segregating Romani children from non-Roma: channeling Roma into “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with existence of Romani ghettos; having mixed-population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” In addition to the countries examined in Stigmata, the European Roma Rights Center has reported on unequal access to education for Roma in other countries, including Greece and Denmark.  In a 2004 Danish case, Roma were placed into separate classes in one particular locality.  Following complaints from a Romani non-governmental organization, the Danish Ministry of Education intervened to end this practice.  In the case of Greece, the Greek Helsinki Monitor has reported on several localities where Roma are denied equal access to schools.  These cases remain unresolved. In Hungary and Bulgaria, some efforts to litigate this issue have made their way into the courts, with mixed results. “Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.” - OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, 2003 In October 2004, the Budapest Metropolitan City Court of Appeals upheld a lower court decision ordering a primary school and the local government of Tiszatarjan to pay damages to nine Romani families whose children were wrongly placed in “special schools” between 1994 and 1999.  In June 2005, a court dismissed a case brought against the Miskolc Municipality alleging city-wide segregation.  A Hungarian non-governmental organization which assisted in filing the suit, Chance for Children Foundation, is appealing.  Other legal disputes continue to surround a self-proclaimed “private school” in Jaszladany (established at least in part with municipal resources).  A study commissioned by the Ministry of Education found the “private school” violated the law and contributed to racial segregation. Notwithstanding some recent government initiatives to address this problem in Hungary, desegregation initiatives have met resistance in significant quarters.  Former Prime Minister Victor Orban (who also heads of Hungary’s largest opposition party, FIDESZ), argued in a speech on January 29, 2006, that integrated schooling should not be mandatory, but left to local officials and parents to “choose” or reject.  In fact, the greatest resistance to integrated schooling often comes at the local level. In Bulgaria – where the government continues to deal with Roma through an office for “demographic issues” – efforts to address the causes of segregation have largely originated with the non-governmental community.  Particularly promising results have been achieved in Viden, where community-based efforts, supported by international non-governmental organizations, have resulted in integrating Roma and ethnic Bulgarian school children.  Efforts to replicate that program elsewhere, however, have not been embraced by the government. In addition, in a landmark holding, the Sofia District Court held on October 25, 2005, that the Bulgarian Ministry of Education, the Sofia Municipality and School Number 103 of Sofia violated the prohibition of racial segregation and unequal treatment provided in Bulgarian and international law.   In welcoming that ruling, the European Roma Rights Center declared, “After a period of 51 years, the soul of Brown v. Board of Education has crossed the Atlantic.”

  • Attack on Chasidic Synagogue in Moscow

    Mr. President, on January 11 of this year, at the Moscow Headquarters and Synagogue of Agudas Chasidei Chabad of the Former Soviet Union, a so-called "skinhead" attacked worshippers with a knife and wounded eight persons. I know that all Members of this body deplore this terrible crime and send our prayers and best wishes to all those injured during the assault. The victims of this senseless violence include Rabbi Isaac Kogan, who testified before an April 6 Helsinki Commission hearing I convened last year concerning Chabad's ongoing efforts to retrieve the Schneerson Collection of sacred Jewish texts from Moscow. The Rabbi is a noted refusenik who was appointed by the Lubavitcher Rebbe, Rabbi Menachem M. Schneerson, to be part of Agudas Chasidei Chabad of the Former Soviet Union. In addition to nurturing Judaism throughout the former USSR, that organization has fought tirelessly to win the return of the Schneerson Collection to its rightful owners in the United States. The entire U.S. Senate has twice petitioned the Russian leadership to release those holy texts.  As chairman of the Helsinki Commission, I have followed closely the issue of anti-Semitism and extremism around the world. Unfortunately, the brutal attack at the Agudas Chasidei Chabad synagogue fits what appears to be a rising trend of attacks on ethnic and religious minorities in Russia.  Let me present one disturbing statistic. According to an article in the Moscow News last year, the Moscow Human Rights Center reports that Russia has up to 50,000 skinheads with active groups in 85 cities. This is opposed to an estimated 70,000 skinhead activists throughout the rest of the world.  To make matters worse, there are indications that the police themselves are sometimes involved in racist attacks. Earlier this month, a Russian newspaper carried a story about the Moscow police assault of a passerby who happened to be from the North Caucasus. According to persons from the North Caucasus, such beatings are a common occurrence.  What was uncommon was the fact that the gentleman in question is a colonel in the Russian Army and an internationally known cosmonaut. Let me be clear, anti-Semitism, bigotry, extremist attacks and police brutality are not found only in Russia. Our own country has not been immune to these challenges to rule of law and human dignity.  Nevertheless, as Russia accedes to the chairmanship of the G-8 and the Council of Europe, there will be increased scrutiny of its commitment to internationally recognized standards of human rights practices. I urge the authorities in Russia to do everything in their power to combat ethnic and religious intolerance and safeguard the religious freedom and physical safety of all it citizens.

  • Remembering the Holocaust While Fighting Anti-Semitism

    Mr. Speaker, the anniversary of the liberation of the Auschwitz-Birkenau death camps is often selected as the day to honor those murdered at the hands of the Nazis and their collaborators. More than one million people were killed at Auschwitz before the survivors were liberated on January 27, 1945. Appropriately, each January 27, individuals and governments around the world pause to remember those individuals murdered by the Nazis during the Holocaust. Also known as the Sho'ah, Hebrew for "calamity," the Holocaust witnessed the death of six million Jews by the Nazi killing machine, many of them in concentration camps or elsewhere in a web that stretched throughout the heart of Europe. Millions of individuals, political dissidents, Jehovah's Witnesses, those with disabilities, and others including entire Romani families, also perished at the hands of the Nazis. Mr. Speaker, the anniversary of the liberation of the Auschwitz-Birkenau death camps is often selected as the day to honor those murdered at the hands of the Nazis and their collaborators. More than one million people were killed at Auschwitz before the survivors were liberated on January 27, 1945. Appropriately, each January 27, individuals and governments around the world pause to remember those individuals murdered by the Nazis during the Holocaust. Also known as the Sho'ah, Hebrew for "calamity," the Holocaust witnessed the death of six million Jews by the Nazi killing machine, many of them in concentration camps or elsewhere in a web that stretched throughout the heart of Europe. Millions of individuals, political dissidents, Jehovah's Witnesses, those with disabilities, and others including entire Romani families, also perished at the hands of the Nazis. Holocaust Remembrance Day also celebrates those brave souls who faced unimaginable horrors and lived to tell of their experiences. In a historic first, late last year the United Nations designated January 27 as International Holocaust Remembrance Day. Initial drafters of the resolution, Australia, Canada, Israel, Russia and the United States, were joined by 100 nations in sponsoring the resolution in the General Assembly. Other international organizations, like the Organization for Security and Cooperation in Europe (OSCE), have done much to ensure the lessons of the Holocaust are taught in schools across Europe, including the former Soviet Union. In addition, the Belgian Chair-in-Office of the OSCE held a commemorative event for Holocaust victims on January 27 in Brussels. Unfortunately, while the Holocaust is rightly remembered, its lessons have yet to be fully learned. Early on, the world said "Never Again" to genocide, only to allow genocide to happen again in Bosnia-Herzegovina and Rwanda in the 1990s, and in Darfur today. The establishment of international tribunals to seek justice in response to these crimes may indicate some progress, but the best way to honor the lives of those who died during the Holocaust or in subsequent genocides would be to have the resolve to take decisive action to try to stop the crime in the first place.  Some heads of state refuse to recognize even the existence of the Holocaust. Mahmoud Ahmadinejad, the President of Iran, made the outrageous claim on December 14 that Europeans had "created a myth in the name of Holocaust." Showing his virulent anti-Semitic nature, two months earlier in October, he said Israel is "a disgraceful blot" that should be "wiped off the map." While Ahmadinejad's anti-Semitic hate is shocking, other hate mongers have physically attacked Jews. In early January, a knife-wielding skinhead shouting "I will kill Jews" and "Heil Hitler" burst into a Moscow synagogue and stabbed at least eight worshippers. A copycat attack followed in Rostov-on-Don, with the attacker thankfully being stopped inside the synagogue before anyone was hurt. As Co-Chairman of the U.S. Helsinki Commission, I have worked over the past four years with other Members of Congress and parliamentarians from around the world to fight anti-Semitism. I was pleased to have either authored or cosponsored three resolutions at the OSCE Parliamentary Assembly, which condemned anti-Semitism, while also being a principal sponsor to the Global Anti-Semitism Review Act that passed the Congress and was signed into law by President Bush in 2004. Internationally, the OSCE has held three international meetings focusing on anti-Semitism and has pledged to hold another major conference in Romania in 2007.  Mr. Speaker, while our struggle continues, we have made progress, moving governments and international organizations to begin to act. To reverse Edmund Burke's truism, what is necessary for the triumph of good over evil is for good men and women to take action. ls who faced unimaginable horrors and lived to tell of their experiences. In a historic first, late last year the United Nations designated January 27 as International Holocaust Remembrance Day. Initial drafters of the resolution, Australia, Canada, Israel, Russia and the United States, were joined by 100 nations in sponsoring the resolution in the General Assembly. Other international organizations, like the Organization for Security and Cooperation in Europe (OSCE), have done much to ensure the lessons of the Holocaust are taught in schools across Europe, including the former Soviet Union. In addition, the Belgian Chair-in-Office of the OSCE held a commemorative event for Holocaust victims on January 27 in Brussels. Unfortunately, while the Holocaust is rightly remembered, its lessons have yet to be fully learned. Early on, the world said "Never Again" to genocide, only to allow genocide to happen again in Bosnia-Herzegovina and Rwanda in the 1990s, and in Darfur today. The establishment of international tribunals to seek justice in response to these crimes may indicate some progress, but the best way to honor the lives of those who died during the Holocaust or in subsequent genocides would be to have the resolve to take decisive action to try to stop the crime in the first place.  Some heads of state refuse to recognize even the existence of the Holocaust. Mahmoud Ahmadinejad, the President of Iran, made the outrageous claim on December 14 that Europeans had "created a myth in the name of Holocaust." Showing his virulent anti-Semitic nature, two months earlier in October, he said Israel is "a disgraceful blot" that should be "wiped off the map." While Ahmadinejad's anti-Semitic hate is shocking, other hate mongers have physically attacked Jews. In early January, a knife-wielding skinhead shouting "I will kill Jews" and "Heil Hitler" burst into a Moscow synagogue and stabbed at least eight worshippers. A copycat attack followed in Rostov-on-Don, with the attacker thankfully being stopped inside the synagogue before anyone was hurt. As Co-Chairman of the U.S. Helsinki Commission, I have worked over the past four years with other Members of Congress and parliamentarians from around the world to fight anti-Semitism. I was pleased to have either authored or cosponsored three resolutions at the OSCE Parliamentary Assembly, which condemned anti-Semitism, while also being a principal sponsor to the Global Anti-Semitism Review Act that passed the Congress and was signed into law by President Bush in 2004. Internationally, the OSCE has held three international meetings focusing on anti-Semitism and has pledged to hold another major conference in Romania in 2007.  Mr. Speaker, while our struggle continues, we have made progress, moving governments and international organizations to begin to act. To reverse Edmund Burke's truism, what is necessary for the triumph of good over evil is for good men and women to take action.

  • American Agenda Moves Forward at the 14th Annual OSCE Parliamentary Assembly

    The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)

  • Progress and Challenges: The OSCE Tackles Anti-Semitism and Intolerance

    By Ron McNamara, International Policy Director & Knox Thames, Counsel The OSCE Conference on Anti-Semitism and on Other Forms of Intolerance convened in Córdoba, Spain, from June 8-9, 2005. The conference, the third since the Helsinki Commission’s 2002 groundbreaking hearing on “Escalating Anti-Semitic Violence in Europe,” was well attended with many participating States represented by senior-level officials.  New York Governor George E. Pataki headed the U.S. Delegation. Specific sessions were held on: Fighting anti-Semitism and other forms of discrimination, and promoting tolerance - from recommendations to implementation; Anti-Semitism and the media; Education on the Holocaust and on anti-Semitism; Responding to anti-Semitic and hate-motivated crimes; Fighting intolerance and discrimination against Muslims; Fighting intolerance and discrimination against Christians and members of other religions; and, Fighting racism, xenophobia and other forms of intolerance and discrimination. Specialized workshops were focused on: Anti-Semitism and the Media; Implementation of OCDE Office for Democratic Institutions and Human Rights’ (ODIHR) Taskings in the Field of Tolerance and Non-Discrimination; Promoting Tolerance and Ensuring Rights of Religion and Belief; and Combating Racism and Discrimination against Roma and Sinti. Side events were organized to address:  Education on the Holocaust and anti-Semitism; Combating hate speech online in the OSCE framework; Anti-Semitism and satellite television; Teaching the Holocaust and the History of Anti-Semitism in Catholic Schools: Promoting Tolerance and Interfaith Understanding; Why Should We Work Together? The ODIHR’s Law Enforcement Officer Training Program for Combating Hate Crimes; The role of Parliaments in Combating Anti-Semitism; The Anti-Semitism/terrorism Nexus, Hate sites on the Internet; and Discrimination, Hate crimes and Intolerance on the grounds of homophobia. The Conference was preceded by a one-day NGO Forum hosted by the Three Cultures Foundation on June 7, 2005 in Seville.  The opening session included presentations by Professors Gert Weisskirchen and Anastasia Crickley and Ambassador Omur Orhun, who are the three Personal Representatives of the outgoing OSCE Chair-in-Office, Slovene Foreign Minister Dimitrij Rupel.   There was also a video presentation by U.S. Helsinki Commission Chairman Senator Sam Brownback [available here]. The Córdoba Conference was the product of intense negotiations following last year’s Berlin Conference and the adoption of a number of specific commitments by OSCE countries aimed at stemming the tide of anti-Semitism and related violence.  Numerous participating States had actively resisted the convening of a meeting exclusively focused on anti-Semitism and instead argued in favor of a “holistic” approach to tolerance issues.  As OSCE Chair-in-Office (CiO) Dimitrij Rupel put it, “I also hope that Córdoba, and after Córdoba, a truly holistic approach to combat all forms of discrimination and intolerance will prevail, as this is the most effective way to address this issue.” While supporting a broader approach, others, including the U.S. Helsinki Commissioners, voiced concern that the focus on anti-Semitism as a unique form of intolerance not be lost, especially given the dimensions of the Holocaust and European history. Most participating States used the Córdoba Conference to reiterate their commitment to combating anti-Semitism and other forms of intolerance.  Disappointingly few, however, cited concrete steps they are undertaking to implement existing OSCE commitments.  One of the few exceptions was the Solicitor General of the United Kingdom, who reported on the evolution of anti-hate legislation in his country and a new law being considered by Parliament to address anti-religious bigotry.  The Italian and Polish delegations also noted some tangible progress. CiO Rupel reported on initiatives undertaken by the OSCE to improve implementation of commitments made in Berlin.  He also warned that “we must be vigilant against discrimination and show no tolerance for intolerance,” a theme repeated by numerous subsequent speakers. U.S. Helsinki Commissioner Alcee L. Hastings addressed the Córdoba Conference in his capacity as President of the OSCE Parliamentary Assembly.  Hastings reminded participants of the role of parliamentarians, including members of the Helsinki Commission, in ensuring that the issue of anti-Semitism and related violence were given priority in the OSCE framework. The most tangible results to come out of the Córdoba Conference was the Córdoba Declaration, as well as reports presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on “Combating Hate Crimes in the OSCE Region” and “Education on the Holocaust and on Anti-Semitism.”  The declaration recognized that some forms of intolerance need proper definition, and reiterated the Berlin Declaration’s  acknowledgement that “international developments or political issues, including in Israel or elsewhere in the Middle East, never justify anti-Semitism.” According to the ODIHR reports, 13 participating States have not provided any information on statistics, legislation and national initiatives relating to hate crimes.  Of the 42 participating States that have responded, only 29 countries have provided information and statistics on hate crimes and violent manifestations of racism, xenophobia, anti-Semitism, and intolerance.  The quality of information varied widely – one country’s statistical submission consisted of a single sentence. Beyond implementation issues and concerns, three outstanding questions remain to be resolved: Will the OSCE maintain a distinct focus on anti-Semitism or will the issue be folded into a more generic tolerance rubric? Will the current mandates for the three personal representatives be extended? What form will future follow-up, including the possible location of future conferences, on tolerance-related matters take? There is also some concern that the Personal Representatives of the Chair-in-Office have been hampered in undertaking their tasks, and have been hamstrung by limitations that have been imposed on their activities.  It is also unclear whether the newly incoming Chair-in-Office will reappoint the three representatives or, if so, if he will maintain their distinct portfolios. Discussions in Córdoba did little to narrow differences on these points.  The United States has been among the few stalwarts committed to sustaining a particular focus on anti-Semitism.   At the same time, a growing number of countries prefer a “holistic” approach, where distinct issues are discussed under a generic theme. Governor Pataki in closing remarks stressed the need to move beyond words: “We have all given our speeches in the best prose we can muster, but there is more to combating anti-Semitism and intolerance than mere speeches.”  He urged that future follow-up focus on implementation; endorsed the reappointment of the three Personal Representatives under their existing titles; called for preserving a distinct focus on anti-Semitism; supported continuing efforts to combat intolerance and discrimination against Muslims, Christians, and other faiths; and urged further institutionalization of tolerance and non-discrimination work.  Pataki concluded, “We can talk, we can coordinate through the OSCE, but the primary responsibility ultimately rests with the participating States.”      U.S. DELEGATION Governor George E. Pataki, Head of U.S. Delegation Hon. Jennette Bradley, Treasurer, State of Ohio The Most Rev. Charles J. Chaput, Archbishop of Denver and Commissioner, U.S. Commission on International Religious Freedom Sander Ross Gerber, Chairman and CEO of the XTF Group and President of the Gerber Capital Management Group Rabbi Marvin Hier, dean and founder, Simon Wiesenthal Center Kamal Nawash, founder, Free Muslims Coalition Rabbi David Zwiebel, Executive Vice President for Government and Public Affairs, Agudath Israel of America

  • Sen. Brownback's Address to the Preparatory NGO Forum Cordoba OSCE Conference on Anti-Semitism and Other Forms of Intolerance

    Ladies and gentlemen, distinguished guests and friends. It’s an honor to join my voice with yours today, as you gather together in the fight against anti-Semitism, discrimination and racism. Last month, the world paused to mark Holocaust Remembrance Day and the 60th anniversary of the end of World War II. We remembered the men, women, and children who suffered and were murdered in Nazi death camps across Europe, as well as those who fought against Hitler’s tyranny of hatred, death and destruction. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil. We can learn much from their courage and determination. We must. For the flames of hatred, death, and destruction did not die out in a bunker in Berlin, nor were they consigned to the last century. At the start of a new century, we need not look far to see how quickly embers can be ignited even today. As we all know, roughly three years ago Jewish communities across Europe and North America were beset by a surge of anti-Semitism and related violence. Tragically, members of the Jewish community and Jewish institutions and symbols continue to be targeted by the purveyors of hate. In addition, racist bigots continue to assail individuals because of the color of their skin. Roma and persons of African or Arab decent, for example, are regularly targeted. Persons are assaulted everyday because of their religious faith or beliefs. The OSCE, including the three Personal Representatives of the Chair-in-Office, are important vehicles for increasing awareness of the scope of anti-Semitism and other forms of racism as well as assisting participating States in developing concrete measures to confront these evils. At the same time, we must never lose sight of the fact that the responsibility for actions rests first and foremost with governments. Unfortunately, for too many countries we’ve only seen lip service to the commitments undertaken to forward information to the OSCE. Political will is essential. In this regard, the Cordoba Conference provides an opportunity for governments to report on the specific measures they have undertaken to implement relevant OSCE commitments on combating anti-Semitism and other forms of racism. Regrettably, implementation has been uneven. As Chairman of the U.S. Commission on Security and Cooperation in Europe, I will continue to work with other governments and parliamentarians to encourage them to be proactive and vigilant in this battle. In addition to ensuring that police and prosecutors vigorously combat these manifestations, government leaders have a responsibility to speak out against acts of violence whenever they occur. Silence, I fear, will be interpreted as sanction, inaction as endorsement. While I and many others are committed to confronting and combating manifestations of anti-Semitism, racism, and related violence, we must partner with you, the non-government community. You are on the ground, ministering to those who hurt, listening to your communities. We will rely on you as an early warning system, so we can head off problems before they proliferate, as well as to critique government action or inaction. Sadly, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. Therefore, while law enforcement and public denunciations are critical, we must inoculate our children through education, if we are to secure a lasting victory over the diseases of anti-Semitism and racism. Both at home and at school, teachers should be encouraged to incorporate lessons from our history, drawing on the lessons from the Holocaust and contemporary examples of genocide. We can best teach our children about the dangers of these evils by giving real meaning to the phrase “never again.” In closing, I hope this NGO day will prove fruitful, and that alliances can be formed and bridges built in this common struggle. I applaud your efforts and assure you of our continued support in Congress and through the ongoing work of the Helsinki Commission. I want to thank our hosts in Seville, the Tres Culturas Foundation, as well as Spain for hosting the Cordoba Conference. I know there are many faiths represented here today. I believe that by working together, speaking out in unison, and with God’s help, we will defeat these evils.

  • Holocaust Remembrance Day

    Mr. Speaker, I rise today to commemorate Yom Hashoah, Holocaust Martyrs' and Heroes' Remembrance Day, which memorializes the 6 million Jews murdered by the Nazis during their campaign of genocide in World War II. We mourn the innocent lives lost and vibrant communities destroyed while the world shamefully stood silent, and honor those heroes of the Warsaw Ghetto who faced certain death when they refused to submit to the Nazi's planned extermination of their community.   To this day, Mr. Speaker, many European countries have failed to right the past wrongs of the Holocaust by failing to adequately redress the wrongful confiscation of property by the Nazi and communist regimes. These seizures took place over decades; they were part of the modus operandi of repressive, totalitarian regimes; and they affected millions of people. The passage of time, border changes, and population shifts are only a few of the things that make the wrongful property seizures of the past such difficult problems to address today.   While I recognize that many obstacles stand in the way of righting these past wrongs, I do not believe that these challenges make property restitution or compensation impossible. On the contrary, I believe much more should have been done--and can still be done now--while our elderly Holocaust survivors are still living.   Today I also want to sound the alarm about a disturbing trend that Jews face today: a rising tide of anti-Semitism throughout the world.   I serve as the Ranking Member of the Commission on Security and Cooperation in Europe (CSCE), commonly known as the Helsinki Commission. Last year I traveled as part of the U.S. Delegation, with former Secretary of State Colin Powell, to attend a special conference in Berlin addressing anti-Semitism, held under the auspices of the Organization for Security and Cooperation in Europe (OSCE). The OSCE is a 55-nation regional security organization which promotes democracy and human rights in Europe, Central Asia, and North America.   Before traveling to Berlin, I made a point to visit Auschwitz for the first time. I was shocked and stunned to see how efficient the Nazi operation was: they wanted to maximize the number of individuals that could be killed.   Seeing the remains of that factory of intolerance, hate and death, it reaffirmed how we must continually stress the importance of advancing understanding throughout the OSCE region and the entire world. We must tirelessly work to build understanding and respect between different communities to prevent future acts of prejudice and injustice.   At the Berlin Conference, I had the privilege of participating as a member of the U.S. delegation, and I gave the official U.S. statement in the session on tolerance. The meeting ended with the issuance of the Berlin Declaration of Action.   The Berlin Declaration laid out a number of specific steps for states to take to combat the rising tide of anti-Semitism, including: striving to ensure that their legal systems foster a safe environment free from anti-Semitic harassment, violence or discrimination; promoting educational programs; promoting remembrance of the Holocaust, and the importance of respecting all ethnic and religious groups; combating hate crimes, which can be fueled by racist and anti-Semitic propaganda on the Internet; encouraging and supporting international organizations and NGO's; and encouraging the development of best practices between law enforcement and educational institutions.   As we commemorate Yom Hashoah, let us honor the memory of those who perished in the Holocaust by pledging to fight intolerance, hate crimes, and violence in our community and around the world. We shall never be silent again.

  • Report on Slovakia's Religion Law

    Since the ouster of the Meciar regime in 1998, Slovakia has made a remarkable transition to democracy. Once described as “the black hole of Europe,” Slovakia officially became a member of NATO on March 29, 2004 and joined the European Union on May 1, 2004. Most recently, Bratislava hosted the joint summit held by U.S. President George W. Bush and Russian President Vladimir Putin. Moreover, Slovakia has become a voice for fundamental freedoms in its own right. At the same time, the United States has continued to raise a number of longstanding concerns with Slovakia. The most serious human rights problems in Slovakia are those experienced by members of the Romani minority, who face profound discrimination in most walks of life as well as racially motivated violence. The Slovak law concerning religion is also problematic, as it contains the most demanding registration scheme in the entire OSCE region. Due to the discriminatory nature of the current legal structure, new religious communities or groups unable to meet the burdensome numerical requirements are denied rights and privileges afforded to recognized religious groups. At the 2003 OSCE Maastricht Ministerial Council, Slovakia and all other participating States pledged to “ensure and facilitate” the free practice of religion or belief “alone or in community with others . . . through transparent and non-discriminatory laws, regulations, practices and policies.”  In light of this and other OSCE commitments, it is hoped Slovakia will amend the registration system and eliminate the numerical threshold.

  • Commemorating Holocaust Remembrance Day

    Mr. President, in light of the upcoming Holocaust Remembrance Day, I want to pay tribute to the men, women, and children who suffered and were murdered at the hands of the Nazis in the death camps across Europe. In 1951, the Israeli Knesset designated an official day on the Hebrew calendar, called Yom ha-Shoah, to commemorate the Shoah or Holocaust. This important day falls on May 5th.  “Shoah” is the Hebrew word meaning “catastrophe,” which speaks to the tragic destruction of nearly the entirety of European Jewry during World War II. Perhaps no other place has been so linked to the Shoah than Auschwitz, the liberation of which was solemnly marked earlier this year.  Auschwitz now symbolizes the horror suffered by millions in an expansive network of camps and sub-camps that stretched throughout much of Europe. Millions of people were deported to these camps throughout the war. Many were summarily executed. Others were worked to death. Some were subjected to sadistic medical experimentation.  The death camp at Auschwitz was at the heart of the “final solution” – the slaughter of innocents for no other reason than that they were Jews. In addition, Poles, Roma and other minorities were transported to Auschwitz and elsewhere for elimination. To put this staggering human suffering into some scale, the equivalent of roughly half the current population of my home state of Kansas was murdered at Auschwitz alone.  Mr. President, I have had the privilege of visiting Yad Vashem in Jerusalem to honor the memory of the victims of Shoah. The legacy of the Holocaust encompasses the memory of those that perished as well as those who survived. The testimonies of those who survived Auschwitz and other death camps attest to the capacity of evil. At the same time, the lives of the survivors underscore the resilience of the human spirit and the fact that good can and must prevail over evil.  Six decades after the smoldering flames of the Shoah were extinguished, we are still confronted with reality that the embers of anti-Semitism could today be fanned into a consuming fire. As Chairman of the Commission on Security and Cooperation in Europe, I am committed to confronting and combating manifestations of anti-Semitism and related violence at home and abroad. I look forward to the upcoming OSCE conference in Cordoba, Spain, as it will assess what measures countries are or are not taking to confront anti-Semitism. As a member of the United States Senate, I have and will continue to support the vital educational work of the United States Holocaust Memorial Museum and other institutions.  Mr. President, while the world professed shock at the scope of the atrocities and cruelty of the Holocaust, it has not prevented genocides elsewhere – Bosnia, Rwanda, and now Darfur. We can best honor the memory of those killed during the Holocaust and the survivors by giving real meaning to “never again.” 

  • The Decade of Roma Inclusion

    Mr. President, last month, the Prime Ministers of eight Central and Southern European countries met in Sofia, Bulgaria, for their first meeting in what has been dubbed “the Decade of Roma Inclusion.” This initiative is designed to spur governments to undertake intensive engagement in the field of education, employment, health and housing with respect to Europe's largest, most impoverished and marginalized ethnic minority, the Roma. The Open Society Institute, the World Bank, the European Commission and the United Nations Development Program, all supporters of this initiative, hope that this effort will result in meaningful improvements over the course of a 10-year period. In December, a donors' conference pledged $42 million for a Roma Education Fund. But the real goal is to get governments to give more help to their own people from their own budgets, as well as to make better use of the funds already available from organizations like the EU. The fact is that Romani riots in Plovdiv, Bulgaria, in 2002 and in eastern Slovakia last year should be a wake-up call for governments with significant Romani communities. These countries cannot afford to ignore the crushing impoverishment and crude bigotry that so many Roma face on a daily basis. The Decade of Romani Inclusion is all well and good, and I commend the governments that are participating in this initiative. But much more needs to be done to truly advance Romani integration. It must start with a message of tolerance and inclusion from the highest levels of government. Unfortunately, too often the voices that are heard are those spreading crude stereotypes and inter-ethnic hatred. I am particularly alarmed by what appears to be an increase in anti-Roma statements in Bulgaria. Last summer, the head of one of Bulgaria's leading trade unions, Konstantin Trenchev, broadly characterized all Roma as criminals, and then called for the establishment of vigilante guards to deal with them. More recently, Ognian Saparev, a Member of Parliament from the Bulgarian Socialist Party, dismissed the significance of reports that the Mayor of Pazardzhik has trafficked Romani girls for the benefit of visiting foreigner diplomats. Saparev reportedly claimed that the statutory rape of these girls shouldn't be considered a crime because Romani girls are “mature” at age 14. Significantly, Saparev also gained headlines last year for publishing an inflammatory article about Roma in which he argued they should be forced to live in ghettos. Even worse statements have come from Russia. Yevgenii Urlashov, a city official in Yaroslavl, recently characterized all Roma as drug dealers and called for them to be deported. Not to be outdone, fellow municipal legislator, Sergei Krivnyuk, said, "residents are ready to start setting the Gypsies' houses on fire, and I want to head this process." Although nongovernmental human rights groups have condemned this anti-Romani rhetoric, other leaders in Bulgaria and Russia have largely remained silent. But it is critical that public leaders, from all walks of life, speak out against such hate mongering. Speaking on the occasion of the 60th anniversary of the liberation of Auschwitz, Polish President Kwasniewski noted that “complete extermination was also [intended] to be the fate of the Roma community.” It will not do, 60 years after the liberation of Auschwitz, to stand by in silence while Roma are crudely caricatured as criminals, just as they were by the Nazis. And we must not stand by in silence when a member of Parliament dismisses the criminal act of trafficking of children, simply because they are Romani.

  • Slovenia’s Leadership of the OSCE

    This hearing examined the challenges facing the Organization for Security and Cooperation in Europe in 2005. New and emerging threats from external actors, including terrorist organizations and rogue regimes, have led the organization to take a greater look at its periphery and seek multilateral responses to issues ranging from terrorist financing to arms proliferation. Issues related to OSCE work were on the agenda of the recent Bush-Putin summit in Bratislava and could impact the organization’s future activity. The testimony of His Excellency Dimitrij Rupel, Foreign Minister of Slovenia and this year’s OSCE Chairman, presented an overview of the wide array of initiatives undertaken by the OSCE regarding issues like human trafficking, organized criminal activity and official corruption, anti-Semitism and other forms of intolerance, human rights violations in countries of Central Asia, and areas of tension or conflict in the Caucasus, the Balkans and elsewhere in the expansive OSCE region. Strategies for continuing to pursue these issues were discussed.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. 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.

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