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U.S. Helsinki Commission Hosts Staff Briefing on World’s Biggest Data Set of Hate Crime Statistics
Wednesday, November 06, 2019

On Wednesday, October 23, 2019, the U.S. Helsinki Commission hosted a congressional staff briefing on addressing hate crimes in Europe and the United States. The event was moderated by Dr. Mischa Thompson, Director of Global Partnerships, Policy and Innovation at the U.S. Helsinki Commission.

The Commission’s guest speaker, Cristina Finch, the Head of the Tolerance and Non-Discrimination Department at the OSCE Office for Democratic Institutions and Human Rights (ODIHR) provided an overview of hate crimes statistics in Europe and North America. She described the efforts that the Organization for Security and Cooperation in Europe (OSCE) has made to address hate crimes and hate incidents in the region. Finch also discussed the commitments made by the 57 OSCE participating States to document, investigate, and prosecute hate crimes, as well as the tools and best practices available to assist countries in meeting their commitments.

ODIHR’s Annual Report on Hate Crime combines official government reports submitted by 33 OSCE participating States with an additional 108 reports from 135 civil society organizations. In 2018, 5,258 hate crime incidents were reported to ODIHR.

As Finch described it, this volume of information makes the report “the world’s biggest data set on hate crime.” The full 2018 Hate Incidents data set will be published on November 15, 2019.

According to Finch, accurate recording of hate crimes by the police remains a serious issue. “In many countries police do not record hate crimes as a specific category in a systemic way,” she noted. “This means that information is missing, which impedes investigation, prosecution, prevention and policy making.”

Other serious obstacles to publishing accurate data exist. For example, estimates indicate that 90 percent of hate crimes are not reported by victims to the police at all.

Promoting safe, inclusive, and equitable societies is a priority of the Helsinki Commission for the 116th Congress. Commission efforts on inclusion have included briefings, hearings, legislation, and inter-parliamentary initiatives in the U.S. Congress and Europe.  Additionally, Helsinki Commission Ranking Member Sen. Ben Cardin serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance and has called for increased efforts to address hate crimes in the region.

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  • Helsinki Commission Delegation Visits Prague and Bratislava

    By Erika B. Schlager, Counsel for International Law Prior to participating in the Winter Meeting of the OSCE Parliamentary Assembly in Vienna, Austria, Senator Benjamin Cardin (D-MD), the Co-Chairman of the U.S. Helsinki Commission, led a Congressional delegation to Prague, the Czech Republic, from February 18-20. In Prague, he was joined by Chairman Alcee Hastings (D-FL), Commissioner Louise McIntosh Slaughter (D-NY) and Congressman Michael McNulty (D-NY). Chairman Hastings also traveled to Bratislava, Slovakia, for additional meetings on February 21, where he was joined by Commissioner Hilda L. Solis (D-CA). In the Czech Republic, the delegation met with representatives of the Jewish community and toured the historic Jewish quarter in Prague, which dates back to the Middle Ages. The delegation discussed recent anti-Semitic manifestations, most notably a large demonstration organized last November on the anniversary of Kristallnacht, and other planned demonstrations by extremists. Although Czech civil society has strongly countered these demonstrations, local officials have struggled to find the appropriate balance between respect for freedom of speech and freedom of assembly and their desire to combat anti-Semitism and manifestations of other forms of intolerance. The delegation also held a round-table discussion with leading civil society and Romani activists. Their discussions touched on past instances of sterilizing Romani women without informed consent, and discrimination against Roma in education, housing and employment. It was noted that victims of wrongful sterilization practices have been advised by government officials to seek redress from the courts, even though most cases will be barred by statutes of limitations. The delegation held official meetings with the President of Senate, Premysl Sobotka, and other members of the Czech Senate; Deputy Foreign Minister Jan Kohout; representatives of the Government Council for Human Rights; and Otakar Motejl, the Public Defender of Rights (also known as the Ombudsman). In these meetings, delegation members expressed concern about the unresolved property claims of Americans who were excluded by the legal framework for property restitution previously adopted by the Czech Republic. They urged Czech officials to protect freedom of speech and assembly, while demonstrating sensitivity for dates or sites of particular importance to the Jewish community. With respect to the situation of the Romani minority, the delegation expressed concern for the victims of past sterilization without informed consent. They urged the Czech Government to take concrete steps to improve the situation of Roma, including through the adoption of comprehensive anti-discrimination legislation. Discussions with Czech officials also touched on bilateral or regional issues, including Kosovo’s declaration of independence and managing relations with Russia. While in Prague, the delegation also met with President of Radio Free Europe/Radio Liberty Jeffrey Gedman, toured the broadcasting facility, and held a press conference at the RFE/RL headquarters. In Slovakia, Chairman Hastings and Commissioner Solis met with leading political analysts to hear a broad discussion of political developments and trends, including concerns regarding proposed legislation on non-governmental organizations and on the media. During a round-table discussion with Romani activists, participants discussed the need to translate the government’s program into concrete action, and the particular challenge of translating national policies into change at the local level. The delegation also met with Foreign Minister Jan Kubis, Deputy Prime Minister Dusan Caplovic (who has responsibility for, i.a., human rights issues), and a group of parliamentarians, including representatives of opposition parties. In their meeting with Minister Caplovic, Chairman Hastings urged the Slovak Government to acknowledge the past sterilization without informed consent of Romani women. In other meetings, the delegation also expressed concern about the adoption by the parliament of resolution honoring Andreij Hlinka, who died in 1938 but whose nationalist leadership set the stage for Slovakia’s WWII alliance with Nazi Germany and the deportation of its Jewish citizens.

  • Commission Staff Participates in Conference on Roma; Greece Slated to Serve as OSCE Chair in 2009

    By Erika B. Schlager Counsel for International Law U.S. Embassy in Athens Organizes Conference on Romani Issues On February 29, Helsinki Commission staff participated in a conference on Romani issues organized by the U.S. Embassy in Athens, Greece, primarily for human rights officers from U.S. Embassies in Europe. The conference was designed to improve understanding of Romani minority concerns, and to allow human rights officers to share information and ideas related to their congressionally mandated human rights reporting obligations. The conference underscored the strong interest of the United States in the situation of Romani minority communities throughout the OSCE region and provided a useful opportunity for human rights officers to improve their knowledge of this minority group’s history and experiences. Roma now constitute the largest ethnic minority in the European Union. The conference was opened by the United States Ambassador to Greece, Daniel Speckhard. Andrzej Mirga, the senior advisor for Romani issues with the OSCE Office for Democratic Institutions and Human Rights (Warsaw) and Helsinki Commission staff served as speakers during the morning session. Panayote Dimitras of the Greek Helsinki Monitor spoke during a working lunch. In the afternoon, Embassy officials from various posts led “best practices” discussion groups – although it proved more difficult to identify such practices than one might have hoped. Commission Staff Visit Romani Shanty Towns On the margins of the conference, Commission staff held meetings on Romani issues with representatives of the Greek Ministry of Foreign Affairs’ Division for International Human Rights, Refugees, and Immigration; the Ombudsman for Human Rights; the Ministry of Interior; and the Ministry of Education. In addition, staff visited several Romani shanty towns in the Athens region, including the infamous Aspropyrgos camp. Greece does not recognize any groups as “minorities” other than those few formally recognized under the 1923 Treaty of Lausanne (primarily the Muslims of Western Thrace). Accordingly, Roma are not considered an ethnic minority but a “socially vulnerable group.” It is estimated that there are roughly 150,000-300,000 Roma in Greece, out of a population of 11-million-plus. This population largely consists of indigenous Greek Roma, but also includes some Roma who have migrated from Albania in recent years. Greece does not count people according to ethnic affiliation or identity on its national census. Roma in Greece face problems similar to those faced by Roma in other countries. In recent years, Romani plaintiffs have successfully brought cases against Greece before the European Court of Human Rights, including for ill-treatment or excessive use of force by the police. Non-governmental organizations have also been particularly concerned by the deplorable conditions in some Romani shanty towns and the lack of equal access to education and the ability of Roma to obtain documents. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, has also expressed concern about forced evictions of Roma. Helsinki Commission Co-Chairman Benjamin L. Cardin and Commissioner Louise McIntosh Slaughter participated in a Helsinki Commission delegation to Greece in early 1998, and met with (among others) Romani representatives. Greece Slated to Serve as OSCE Chair Greece is slated to serve as Chair of the OSCE in 2009; Kazakhstan has been selected to serve in that position in 2010. Finland serves as the current OSCE Chair-in-Office. At his inaugural address to the OSCE Permanent Council in January, Finnish Foreign Minister Ilkka Kanerva stated, “More can be done also to fight discrimination against Roma and Sinti. I count on all participating States to renew their commitment to implementing the recommendations in the OSCE Action Plan of 2003.” Finland plans to schedule one of this year’s three Supplementary Human Dimension Meetings on Romani human rights issues.

  • Finnish OSCE Chairman-in-Office Outlines Priorities, Challenges for 2008

    By Ronald McNamara, International Policy Director Making an appearance on February 13th before the Helsinki Commission, early in Finland’s 2008 chairmanship of the OSCE, Minister for Foreign Affairs Ilkka Kanerva addressed a wide range of issues facing the Vienna-based organization and its 56 participating States. Kanerva, having served in parliament since 1975, the year in which the Helsinki Final Act was signed in the Finnish capital, stressed the unique contribution of parliamentarians in their role embodying “the aspirations of our peoples and to voice their concerns in all OSCE countries.” Chairman Alcee L. Hastings, President Emeritus of the OSCE Parliamentary Assembly, expressed appreciation for recognition of the parliamentary dimension of the Helsinki Process. Minister Kanerva noted, “The starting point of the Finnish Chairmanship is that the OSCE is a value-based organization that actively promotes our common values of democracy, human rights and the rule of law. We stress the full implementation of the human rights commitments by the participating States.” Chairman Hastings welcomed the emphasis on implementation especially given the mandate of the Helsinki Commission to monitor compliance with the common commitments accepted by all participating States regardless of when they joined the Helsinki Process. “We fully support and welcome Finland’s calls for greater effort by participating States to implement our common political commitments. Implementation is key, as the late President Gerald Ford underscored in his remarks in Finlandia Hall when he signed the Helsinki Accords on behalf of the United States. I am also mindful that all participating States, including this country, are obligated to translate words on paper into action and I welcome the scrutiny of others when our own policies and practices come up short,” said Hastings. Hastings and Kanerva had a lengthy exchange regarding developments in Kosovo and their implications for Balkans as well as the possibility of sustained OSCE engagement in the region. Kanerva, who had just returned from a visit to Belgrade and Priština, observed that the OSCE has played an important role in Kosovo -- in establishing and consolidating local institutions, in promoting democratization, the rule of law, as well as human and minority rights. “Because the OSCE has remained “status-neutral,” it has retained a unique ability to work with all ethnic communities in promoting stability and democratic development. It is my firm belief that the OSCE work in Kosovo is and will be beneficial to all Kosovars,” concluded the Minister. He continued, “The outcome of the status process could have a negative impact on the OSCE's engagement in Kosovo. You are well aware that the OSCE participating States remain deeply divided over the issue. This disagreement could lead to the current Mission’s termination. It would be a grave mistake for the OSCE and the entire international community if we were to leave it at that.” Chairman Hastings, who visited both Priština and the northern area around Mitrovitsa last June, remarked, “My overall concern comes again from personal experience. The OSCE mission in Kosovo complemented by the tremendous activities that the KFOR forces deployed to keep the peace there is one of, in my judgment, the most successful OSCE missions, capable of working with the various factions in that area. I always ask the question: if there was no OSCE mission or had not been there in recent years, what would be the situation on the ground there today? And how much closer would the parties be to arriving at a resolution of what is, by anybody's standards, a substantial conflict? Minister Kanerva stressed, “I am determined to ensure continued OSCE engagement in Kosovo regardless of the status process. I am aware of the fact that any participating State has the possibility to use a veto and to end the mandate of the present mission - the mission which at the moment comprises 800 people and which has an immense effect on the viability of the civil society. Should this happen, I am prepared to immediately start the negotiations on a revised mandate for the OSCE mission. I am convinced that all participating States agree on the need for continued OSCE engagement in Kosovo.” Regarding conflicts elsewhere in the OSCE region, Kanerva remarked, “The Finnish chairmanship has put the so-called frozen or protracted conflicts in Moldova, Georgia, and Nagorno-Karabakh at the top of our agenda. I will personally visit all of these regions. I have already nominated also a special envoy to survey the progress in the process. One of the first things I have already done was to visit Ukraine and Moldova, to examine possibilities to kick start the stalled negotiation on the Transdnistria conflict. The Government of Moldova and the leadership for Transdnistria indicate their willingness to reengage and I have tasked my special envoy to see what can be done to take the process forward. We have knowledge of the difficulties in front of us. But we can't give up.” Minister Kanerva announced his intention to visit the South Caucasus nations of Armenia, Azerbaijan and Georgia. Chairman Hastings asked Kanerva to raise concerns relating to media freedom in Azerbaijan, the subject of a Commission hearing late last year, and provided a list of specific cases. Numerous other human rights concerns were also discussed from combating anti-Semitism and trafficking in humans as well as promoting democracy. In prepared remarks, Co-Chairman Benjamin L. Cardin stressed the importance of sustained OSCE engagement in efforts to fight anti-Semitism. “In recent weeks we have convened a series of hearings to assess the ongoing work of the OSCE in this regard and have heard from experts. These sessions have confirmed the importance of maintaining a distinct focus on anti-Semitism, and resisting attempts by some to reduce the attention under some kinds of generic tolerance rubric. It has also become clear that the personal representatives need some form of meaningful support mechanism. Perhaps some arrangement could be put in place by the troika of past, present, and future OSCE chairs, to ensure continuity,” remarked Cardin. Similar concerns were echoed in a statement by Ranking Minority Member Christopher H. Smith, “I appeal to you, in your term as Chairman-in-Office, not to allow the OSCE to give in to this fatigue and indifference! Anti-Semitism remains what it has always been, a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has often led to murder. It continues to threaten our Jewish brothers and sisters, and so the OSCE must redouble its efforts in the fight against the scourge of anti-Semitism. Smith, the OSCE Parliamentary Assembly President’s Special Representative on Human Trafficking welcomed the commitment of the Finnish chairmanship to give priority attention to OSCE efforts to prevent human trafficking, with particular attention to child victims. Russia’s troubling attempts to restrict the scope and size of OSCE election observations missions was also raised. Minister Kanerva expressed disappointment that, despite a concerted effort by OSCE, an acceptable solution could not be worked out to enable the deployment of an observation mission to Russia for the March 2nd presidential elections. He outlined his views regarding observation of the entire election process. “It means candidate and voter registration, electoral campaign, media coverage, complaints and appeals. The ODIHR must continue to be in a position to determine the length and size of observation missions on professional grounds in order to produce meaningful assessments and recommendations benefiting the observed country.” Having headed monitoring missions to Azerbaijan, Belarus, Ukraine, and most recently Georgia, Chairman Hastings called for a timely invitation for OSCE to observe the upcoming November U.S. elections. Kanerva thanked Hastings for his leadership of the mission to Georgia in early January and underscored the importance of close cooperation between ODIHR and the OSCE PA. Turning to Afghanistan, an OSCE Partner for Cooperation country, the Chairman welcomed the role played by Finnish forces in the northern part of that country. Minister Kanerva reported that active discussions were underway among OSCE countries regarding the kinds of initiatives that might be undertaken to assist Afghanistan pursuant to a general decision agreed to by the Madrid OSCE Ministerial Council last November. Priority attention is being given to strengthening border security and management, including along the 750 mile border between Afghanistan and Tajikistan. “At the same time we are discussing whether the OSCE might eventually become active on Afghan territory,” said Kanerva. Before concluding the hearing, the Chairman-in-Office and Chairman Hastings touched on ways to enhance cooperation among the OSCE participating States and strengthen the organization. Hastings acknowledged the complex task of managing the OSCE given the diversity of countries and diverging views among some on fundamental aspects of the organization and its mission. The two agreed on the importance of engagement with Russia. One possibility raised by Chairman Hastings was the assembling of a “Council of Elder Statesmen” along the lines proposed by the Hamburg-based Centre for OSCE Research in its working paper, “Identifying the Cutting Edge: The Future Impact of the OSCE.” In an innovative move, the Finnish chairmanship has expanded the Troika – past, present, and future chairs – to include others slated to assume leadership of OSCE in future years. At the Madrid OSCE Ministerial Council agreement was reached on chairmanships for Greece in 2009, Kazakhstan in 2010 and Lithuania in 2011. “I have invited my colleagues from the future chairmanships of Kazakhstan and Lithuania,” Kanerva reported, “to meet with the current Troika countries Spain, Finland and Greece to develop ideas for longer-term priorities. I am convinced there are many issues where the "Quintet" can add value and lead to more coherent OSCE action in the next few years.” Minister Kanerva concluded, “The Helsinki Commission embodies the longstanding engagement of the United States with the OSCE and the values that underpin it. The OSCE can only work with the full engagement of its participating States. The United States has always played a key role, and must continue to do so, if we are to achieve the ambitious goals we have set for our Organization.”

  • Torture

    Madam President, as co-chairman of the Helsinki Commission, I chaired a field hearing this week at the University of Maryland College Park campus. The title of that hearing was “Is It Torture Yet?”, the same question I was left with after Attorney General Michael Mukasey's nomination hearings.  The day of the hearings was also International Human Rights Day, which commemorates the adoption of the Universal Declaration on Human Rights nearly 60 years ago. The historic document declares, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” In the Helsinki process, the United States has joined with 55 other participating States to condemn torture. I want to quote one particular provision, because it speaks with such singular clarity. In 1989, in the Vienna Concluding Document, the United States, along with the Soviet Union and all of the other participating States, agreed to “ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person.” This is the standard, with no exceptions or loopholes, which the United States is obligated to uphold.  I deeply regret that six decades after the adoption of the Universal Declaration, we find it necessary to hold a hearing on torture and, more to the point, I regret that the United States' own policies and practices must be a focus of our consideration.  As a member of the Helsinki Commission, I have long been concerned about the persistence of torture and other forms of abuse in the OSCE region. For example, I am troubled by the pattern of torture in Uzbekistan, a country to which the United States has extradited terror suspects. Radio Free Europe reported that in November alone two individuals died while in the custody of the state. When their bodies were returned to their families, they bore the markings of torture. And, as our hearing began, we were notified that a third individual had died under the same circumstances.  Torture remains a serious problem in a number of OSCE countries, particularly in the Russian region of Chechnya. If the United States is to address these issues credibly, we must get our own house in order.  Unfortunately, U.S. leadership in opposition to torture and other forms of ill-treatment has been undermined by revelations of abuse at Abu Ghraib prison and elsewhere. When Secretary of State Rice met with leading human rights activists in Moscow in October, she was made aware that the American forces' conduct at Abu Ghraib has damaged the United States' credibility on human rights.  As horrific as the revelations of abuse at Abu Ghraib were, our Government's own legal memos on torture may be even more damaging, because they reflect a policy to condone torture and immunize those who may have committed torture.  In this regard, I was deeply disappointed by the unwillingness of Attorney General Mukasey to state clearly and unequivocally that waterboarding is torture. I chaired part of the Attorney General's Judiciary confirmation hearing and found his responses to torture-related questions woefully inadequate. On November 14, I participated in another Judiciary Committee hearing at which an El Salvadoran torture survivor testified. This medical doctor, who can no longer practice surgery because of the torture inflicted upon him, wanted to make one thing very clear: as someone who had been the victim of what his torturers called “the bucket treatment,” he said, waterboarding is torture.  This week, this issue came up again, this time at the Senate Judiciary Committee's hearing on Guantanamo. One of the witnesses was BG Thomas Hartman, who was specifically asked whether evidence obtained by waterboarding was admissible in Guantanamo legal proceedings. Like Judge Mukasey, he would not directly answer that question. Nor would he respond directly when asked if a circumstance arose, hypothetically, whether waterboarding by Iranians of a U.S. airman shot down over Iran would be legal according to the Geneva Conventions. In fact, the Geneva Conventions prohibit the use of any coercive interrogation methods to obtain information from a Prisoner of War. I am deeply concerned that the administration's efforts to avoid calling waterboarding what it is, torture, is undermining the interpretation of the Geneva Conventions, which we have relied upon for decades to protect our own service men and women.  The destruction of tapes by the CIA showing the interrogation of terror suspects raises a host of additional concerns. First, these tapes may have documented the use of methods that may very well have violated U.S. law. Second, the tapes may have been destroyed in violation of court orders to preserve exactly these sorts of materials. If the administration is willing to destroy evidence in violation of a valid court order, we have a serious rule-of-law problem. Finally, it is profoundly disturbing that materials formally and explicitly sought by the 9/11 Commission, mandated to investigate one of the worst attacks on American soil in the history of our country, were not turned over by the CIA. The destruction of the CIA tapes should be carefully investigated.  Mr. President, the Congress must act to ensure that abuses by U.S. Government personnel are not committed on the false theory that this somehow makes our country safer.

  • Ukraine’s Pre-Term Parliamentary Elections and Demonstrable Commitment to Democratic Standards Focus of Commission Initiatives

    By Orest Deychakiwsky and Ronald McNamara The Helsinki Commission undertook several initiatives this fall in connection with Ukraine’s September 30th pre-term parliamentary elections, including deploying staff to observe the elections, sponsoring a Congressional resolution on the elections, and convening a public briefing on their implications. The elections – the fifth national balloting in less than three years -- came on the heels of a political crisis that had engulfed Ukraine’s president, government and parliament for much of 2007. The elections to the 450-seat parliament, the Verkhovna Rada, were judged by the OSCE-led International Election Observation Mission (IEOM) to have been conducted “mostly in line with OSCE commitments and other international standards for democratic elections and in an open and competitive environment.” The September elections were monitored by some 800 international observers under OSCE auspices, including Helsinki Commission staff members who observed the balloting in western Ukraine’s Ivano-Frankivsk oblast and Kyiv’s Polilskiy District. Swedish parliamentarian Tone Tingsgård, the Special Coordinator of the short-term election observers for the IEOM and Vice-President of the OSCE Parliamentary Assembly, stated that these elections were conducted “in a positive and professional manner.” While there were shortcomings, notably with respect to the quality of voter lists and delays in processing vote counts in a few districts, OSCE observers assessed the voting as good or very good in 98 percent of the nearly 3,000 polling stations visited, and the vote count was assessed as good or very good in 94 percent of the IEOM reports. Commission staff observations were consistent with other international observer assessments. The voting process was calm, orderly, and, with very few exceptions, conducted in an efficient, professional and transparent manner. Members of precinct commissions representing various political parties and blocs, as well as the presence of party observers, helped to ensure the integrity of the voting process. The most significant shortcomings witnessed by staff stemmed from inaccuracies in the voters lists which led to inconsistencies regarding the treatment of voters, including the disenfranchisement of some at polling stations visited on election day. The elections – with 60% voter turnout -- saw Prime Minister Viktory Yanukovich’s Party of the Regions come in first with 34.3% of the votes. The most substantial gains over previous elections, however, were garnered by the electoral bloc of former Prime Minister Yuliya Tymoshenko (YTB), with 30.7%. President Victor Yushchenko’s Our Ukraine-People’s Self-Defense bloc (NUNS) placed third with 14.15%. Two other parties passed the 3 percent threshold required to enter the new parliament – the Communist Party with 5.4% and Bloc of former Rada Chairman Volodymyr Lytvyn with 3.9 percent. The two electoral blocs associated with Ukraine’s 2004 Orange Revolution -- YTB and NUNS -- have created a razor-thin majority coalition in the new Rada and on December 4, elected Foreign Minister Arseniy Yatseniuk as the new Chairman with a single vote to spare. On October 5, Helsinki Commission Chairman Alcee L. Hastings, together with 12 other House Members, including Commissioners Slaughter, Solis, Butterfield, Smith, Aderholt and Pitts, sponsored a resolution congratulating the Ukrainian people for the holding of free, fair, open and transparent parliamentary elections in a peaceful manner consistent with Ukraine’s democratic values and national interest and expressing continuing Congressional interest and support for Ukraine. The resolution, which has garnered bipartisan backing, expresses strong support for the efforts of the Ukrainian people to build upon the democratic gains of the Orange Revolution. The resolution recognizes the link between the consolidation of democracy and the rule of law and the strengthening of Ukraine’s independence and integration with the West, and, importantly, serving as a positive role model for all too many post-Soviet countries caught in the vice of authoritarianism. In introducing the resolution, Chairman Hastings expressed the hope “that Ukraine’s political leaders will form a government reflecting the will of the Ukrainian people as expressed by the results of the elections” and “that the new parliament and government will focus on the constitutional framework, especially the question of separation of powers, in order to avoid the political uncertainty that we witnessed earlier this year.” On October 25, the Commission convened a public briefing: “The Ukrainian Elections: Implications for Ukraine’s Future Direction” with Ukraine’s Ambassador to the United States Oleh Shamshur, as well as former U.S. Ambassador to Ukraine William Miller, and Stephen Nix of the International Republican Institute, who had both been present at the elections as international observers. In his assessment of the elections, Ambassador Shamshur noted that “for the second time in a row, Ukraine succeeded in avoiding most of the electoral pitfalls. Aside from minor deficiencies, there was no harassment of political opponents, no media oppression, no so-called creative counting or use of forged absentee ballots…Ukraine has once again confirmed its democratic credentials. That’s the irreversibility of the democratic change spurred by the Orange Revolution.” Ambassador Miller, who observed in Ukraine as a member of the National Democratic Institute’s international observation delegation, called the elections “relatively free and fair.” He expressed the “hopeful possibility” that the two democratic (Orange) coalition partners, Yuliya Tymoshenko and Victor Yushchenko, “will fulfill finally the promises they made with their hands on their hearts” during the 2004 Orange Revolution. Mr. Nix, while noting that IRI’s election observation mission found that the elections “broadly met international standards,” nevertheless urged the Ukrainian parliament and election officials “to address the quality of the voter lists to ensure their accuracy for the next national election.” He also called upon Ukraine’s leadership to take steps “to resolve the constitutional issues that were the very reason these elections were called.”

  • Continuing the Fight: Combating Intolerance and Discrimination against Muslims

    By Mischa Thompson, PhD, Staff Advisor The Cordoba conference was the first OSCE event to solely focus on the experiences of intolerance and discrimination against Muslim communities within the OSCE. Despite concerns that the conference took place during Ramadan and was primarily planned by the Spanish Chair-in-Office (CiO), the event offered an important forum for highlighting and addressing a range of concerns from both OSCE Participating States and the Muslim community. While questions of what form OSCE follow-up efforts will take remain, the need for such a conference was underscored by the multitude of concerns raised at the conference as well as current events highlighting existing tensions between Muslim and non-Muslim communities within and between OSCE Participating States. With estimates of 20 million Muslims in Western Europe and 14-23 million Muslims in Russia, Muslims are often cited as the largest religious minority in Europe and Islam as the fastest growing religion. Spain, in particular is experiencing an unprecedented growth in its immigrant population with the majority being Muslims. While Muslim communities’ experiences of prejudice and discrimination within many parts of the OSCE are not new, following the terrorist attacks in Madrid, London, and the United States, many participating States have increased their focus on the Muslim community amidst security and immigration concerns. In this context, the conference was planned by the Spanish CiO to address the historical and contemporary causes and consequences of intolerance against Muslims and the use of media, education, and other strategies to address the problem. In particular, five themes dominated the discussions: “Islamophobia”: Participants were concerned by the use of the term Islamophobia, which currently describes attitudes and behaviours ranging from hate crimes to housing discrimination and has led to unclear and inconsistent use. Several participants noted that the term leads all problems experienced by Muslims to be viewed as religious based, when race, culture, and socio-economic factors have also been cited as reasons for tensions and problems. Notably, the Holy See cautioned against only religious approaches and argued for increased attention on migration and culture. Gender equality: Participants raised concerns that gender equality issues were often confined to discussions about forced marriages, honor killings, and head scarves and other dress, while ignoring everyday experiences of discrimination, for example in employment. It was suggested that Muslim women were often politicized to exacerbate differences between Muslims and others, but often did not actually address the realities of Muslim women or serve to benefit them. Integration: Many Participating States highlighted changes to or the creation of integration policies and programs to address concerns voiced by Muslim communities. Several civil society groups noted that some of these efforts did not address: 1) the issues of xenophobia and racism exhibited by hate crimes and employment and housing discrimination that target even ‘integrated’ immigrants – i.e., those who are citizens, speak the language, hold college degrees, etc. and 2) that some of these policies were inherently discriminatory in that they only applied to Muslims and not other migrant populations. It was stressed that integration and discrimination policies be discussed together and that Muslim populations be able to participate in the decision-making process of the development of these policies in some capacity. Stereotypes: Concerns surrounding monolithic image of Muslims, such as all women wearing head scarves and all men being terrorist were highlighted. Mechanisms for addressing these stereotypes included ensuring that school textbooks accurately reflect the history of migration and Islam and Muslims in the world, especially in cases where religion is taught in schools. ‘Cultural competence’ and other diversity or sensitivity training for teachers and media was suggested. Several speakers suggested that aims to utilize “moderate Muslims” for public platforms had the potential to backfire by not being seen by Muslims as ‘true representatives’ and also serving to reinforce a non-existent, yet stereotypical dichotomy between ‘good’ and ‘bad’ Islam. Hate Speech: The need to strike a balance between protecting freedom of speech and the protection of vulnerable groups and individuals was discussed. Despite calls for defamation of religion laws, it was generally recommended that publicly speaking out and unequivocally condemning intolerant speech, not legislating against it, was the best response. Self-regulation, codes of conduct, internet monitoring and training for the media and other sectors of society, including the positive involvement of political leaders, was discussed as a means to best counter hate speech. The Conference ended with a declaration drafted by the Spanish CiO, which: reaffirmed that racism, xenophobia, anti-Semitism, discrimination against Christians, and discrimination against Muslims, are against the core OSCE commitments, offered support for the three Personal Representatives, and, called upon the Office for Democratic Institutions and Human Rights (ODIHR) to strengthen the work of its Tolerance and Non-Discrimination Program on intolerance and discrimination against Muslims. The conference was preceded by a one-day Civil Society Preparatory Meeting hosted by the Spanish CiO with the goal of providing NGOs with an opportunity to prepare recommendations to be presented to the Cordoba conference. Of great concern were allegations that the Spanish CiO attempted to restrict the participation of NGOs in the preparatory meeting and at the Cordoba conference at a time when human rights defenders have increasingly been under attack within the OSCE. Generally, because there was such interest by participating States to speak during the opening sessions of the conference, there was little time to adequately discuss solutions to many of the issues on the Cordoba Conference agenda. While this suggests the need for a follow-up OSCE conference as proposed by the OSCE Mediterranean Partner, Algeria, few participating States explicitly outlined whether and how the OSCE should implement efforts discussed at the conference. Further consideration should therefore be given for ways to ensure the expeditious implementation of mechanisms that combat intolerance towards Muslims within the OSCE. This assertion was underscored one week later at a University of Michigan conference entitled, “Islamophobia/Islamophilia: Beyond the Politics of Enemy and Friend” where Muslim and non-Muslim scholars from around the world addressed the global security implications and human rights concerns associated with not successfully combating prejudice and discrimination against Muslims and mischaracterizations of Islam.

  • Combating Hate Crimes and Discrimination in the OSCE

    Congressman Alcee L. Hastings (D-FL), Chairman of the CSCE, held a briefing on hate crimes and discrimination in the OSCE region.  Joining Chairman Hastings at the dais were Helsinki Commissioners Senator Gordon Smith (R-OR) and Congresswoman Hilda Solis (D-CA).  The briefing focused on intolerance and discrimination within the 56 countries that make up the Organization for Security and Cooperation in Europe (OSCE).  Congressman Hastings emphasized the discrimination against the Roma and other minorities of Turkish, African, and south Asian descent when they attempt to apply for jobs, find housing, and get an education The panel of speakers – Dr. Dou Dou Diene, United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Dr. Tiffany Lightbourn, Department of Homeland Security, Science & Technology Directorate; and Mr. Micah H. Naftalin and Mr. Nickolai Butkevich, UCSJ: Union of Councils for Soviet Jews – spoke of the rising popularity of right-wing extremist party, who espouse vicious anti-Semitic slogans and appeal to a 19th century form of European ethnic identity.  In addition, Urs Ziswiler, the Ambassador of Switzerland, attended the briefing and commented on the rise in xenophobic views in Switzerland.  

  • U.S. Delegation Initiatives Win Wide Approval at OSCE Parliamentary Assembly Meetings in Kyiv

    By Robert Hand, Staff Advisor More than 200 parliamentarians from throughout the OSCE region, including 13 members of the U.S. Congress, assembled in Kyiv, Ukraine from July 5 to 9, 2007 for the convening of the Sixteenth Annual Session of the OSCE Parliamentary Assembly (OSCE PA). Also in attendance were representatives from several Mediterranean Partners for Cooperation countries, and delegates representing Afghanistan, the newest country designated by OSCE as a Partner for Cooperation. The U.S. Delegation was led by the Chairman of the (Helsinki) Commission on Security and Cooperation in Europe, Representative Alcee L. Hastings (D-FL), a past president of the OSCE PA serving as President Emeritus. Commission Co-Chairman, Senator Benjamin L. Cardin (D-MD) co-chaired the delegation. House Majority Leader Steny H. Hoyer (D-MD), a past Commission chairman and the highest ranking Member of Congress ever to attend an annual session, also participated, joined by the Commission’s Ranking Republican Member, Rep. Christopher H. Smith (R-NJ) and Reps. Louise McIntosh Slaughter (D-NY), Robert B. Aderholt (R-AL), Mike McIntyre (D-NC), Hilda L. Solis (D-CA), G.K. Butterfield (D-NC), Marcy Kaptur (D-OH), Michael R. McNulty (D-NY), Doris Matsui (D-CA), and Gwen S. Moore (D-WI). The designated theme for this year’s Annual Session was “Implementation of OSCE Commitments.” Assembly President Göran Lennmarker (Sweden) opened the Inaugural Plenary Session which included an address by Ukrainian President Viktor Yushchenko, who stressed Ukraine’s commitment to democratic development. The OSCE Chairman-in-Office, Spanish Foreign Minister Miguel Angel Moratinos, also addressed the plenary and responded to questions from the parliamentarians. Starting Off at the Standing Committee At the start of the Annual Session, Chairman Hastings participated in the meeting of the OSCE PA Standing Committee, the leadership body of the Assembly composed of the Heads of Delegations of the 56 OSCE participating States and the Assembly’s officers. He presented a summary of his activities as Special Representative on Mediterranean Affairs, including his visits in June to Israel and Jordan. During the Kyiv meeting, he also convened a special meeting on the Mediterranean Dimension of the OSCE, attended by approximately 100 parliamentarians from Algeria, Egypt, Israel, Jordan, and the participating States. Ongoing Committee Work Members of the U.S. Delegation were active in the work of the Assembly’s three General Committees: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. The committees considered their respective resolutions as well as nine “supplementary items,” additional resolutions submitted before the session. Senator Cardin introduced a supplemental item on “Combating Anti-Semitism, Racism, Xenophobia and other forms of Intolerance against Muslims and Roma.” Seven other U.S. delegates introduced and secured passage of a total of 25 U.S. amendments to the various committee resolutions and supplementary items, including Chairman Hastings and Majority Leader Hoyer on OSCE election observation; another Hastings amendment on past use of cluster bombs; Smith and McIntyre amendments regarding trafficking in persons; another McIntyre amendment on Belarus; Solis amendments on migration; Moore amendments on the use of “vulture funds,” and a Butterfield amendment on human rights. The U.S. Delegation was also instrumental in garnering necessary support for supplementary items and amendments proposed by friends and allies among the participating States. The supplementary items considered and debated in Kyiv, other than Senator Cardin’s, included “The Role and the Status of the Parliamentary Assembly within the OSCE”; “The Illicit Air Transport of Small Arms and Light Weapons and their Ammunition”; “Environmental Security Strategy”; “Conflict Settlement in the OSCE area”; “Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions”; “The Ban on Cluster Bombs”; “Liberalization of Trans-Atlantic Trade”; “Women in Peace and Security”; and “Strengthening of Counteraction of Trafficking Persons in the OSCE Member States.” Guantanamo Bay Raised Following her appearance before the Helsinki Commission in Washington on June 21 during a hearing on “Guantanamo: Implications for U.S. Human Rights Leadership,” Belgian Senate President Anne-Marie Lizin, the OSCE PA Special Representative on Guantanamo, presented her third report on the status of the camp to a general Plenary Session of the Assembly. This report followed her second visit to the detention facility at Guantanamo on June 20, 2007 and provided the Assembly with a balanced presentation of outstanding issues and concerns. Senator Lizin concluded the report with a recommendation that the facility should be closed. Engaging Other Delegates While the delegation’s work focused heavily on OSCE PA matters, the venue presented an opportunity to advance U.S. relations with OSCE states. During the course of the Kyiv meeting, members of the U.S. delegation held a series of formal as well as informal bilateral meetings, including talks with parliamentarians from the Russian Federation, Ukraine, Kazakhstan, parliamentary delegations from the Mediterranean Partners for Cooperation, including Israel, and Afghanistan. The U.S. Delegation hosted a reception for parliamentary delegations from Canada and the United Kingdom. Electing New Officers and Adopting of the Declaration On the final day of the Kyiv meeting, the Assembly reelected Göran Lennmarker (Sweden) as President. Mr. Hans Raidel (Germany) was elected Treasurer. Four Vice Presidents were elected in Kyiv: Anne-Marie Lizin (Belgium), Jerry Grafstein (Canada), Kimo Kiljunen (Finland), and Panos Kammenos (Greece). Rep. Hilda Solis was also elected, becoming the Vice Chair of the General Committee on Democracy, Human Rights and Humanitarian Questions, which is responsible for addressing humanitarian and-related threats to security and serves as a forum for examining the potential for cooperation within these areas. She joins Senator Cardin, whose term as Vice President extends until 2009, and Congressman Hastings as OSCE PA President Emeritus, in ensuring active U.S. engagement in the Assembly’s proceedings for the coming year. The OSCE PA concluded with adoption of the Kyiv Declaration which included a series of concrete recommendations for strengthening action in several fields including migration, energy and environmental security, combating anti-Semitism and other forms of intolerance throughout the OSCE region and promoting democracy in Belarus. The declaration also addresses a number of military security concerns, including an expression of regret at the lack of progress in resolving so-called “frozen conflicts” in the OSCE region based on the principal of territorial integrity, especially those within Moldova and Georgia. For the full text of the Kyiv Declaration, please visit http://www.oscepa.org. The Seventeenth Annual Session of the OSCE Parliamentary Assembly will be held early next July in Astana, Kazakhstan. Other U.S. Delegation Activities While in Kyiv, the U.S. Delegation met with Ukrainian President Yushchenko for lengthy talks on bilateral issues, his country’s aspirations for further Euro-Atlantic integration, energy security, international support for dealing with the after affects of Chornobyl, and challenges to Ukraine’s sovereignty and democratic development. The President discussed the political situation in Ukraine and the development of the May 27 agreement that provides for pre-term parliamentary elections scheduled for September 30, 2007. The Delegation also visited and held wreath-laying ceremonies at two significant sites in the Ukrainian capital: the Babyn Yar Memorial, commemorating the more than 100,000 Ukrainians killed during World War II – including 33,000 Jews from Kyiv that were shot in a two-day period in September 1941; and the Famine Genocide Memorial (1932-33) dedicated to the memory of the millions of Ukrainians starved to death by Stalin’s Soviet regime in the largest man-made famine of the 20th century. Members of the delegation also traveled to the Chornobyl exclusion zone and visited the site where on April 26, 1986, the fourth reactor of the Chornbyl Nuclear Power Plant exploded, resulting in the world’s worst nuclear accident. While in the zone, the delegation visited the abandoned city of Prypiat, the once bustling residence of 50,000 located a short distance from the nuclear plant. Members toured the Chornobyl facilities and discussed ongoing economic and environmental challenges with local experts and international efforts to find a durable solution to the containment of large quantities of radioactive materials still located at the plant. Advancing U.S. Interests Summarizing the activities of the U.S. Delegation, Chairman Hastings commented on the successful advancement of U.S. interests. Specifically, the Chairman noted the delegation “represented the wonderful diversity of the United States population” and “highlighted a diversity of opinion on numerous issues.” Moreover, he concluded it advocated “a common hope to make the world a better place, not just for Americans but for all humanity,” thereby helping “to counter the negative image many have about our country. “In a dangerous world, we should all have an interest in strengthening our country’s friendships and alliances as well as directly raising, through frank conversation, our concerns with those countries where our relations are stained or even adversarial,” Chairman Hastings asserted. In order to put the recommendations of the PA into action, the members of the U.S. delegation wrote a letter to Secretary of State Rice, asking that the State Department press several issues within the OSCE in Vienna in the run-up to the November Ministerial Council meeting. First, the State Department should ensure that the role of the Parliamentary Assembly is increased in the overall activities of the OSCE. Second, the OSCE should increase concrete activities to fight anti-Semitism, racism, and xenophobia, including against Muslims and Roma. Third, The OSCE should strengthen its work on combating trafficking in persons and fighting sexual exploitation of children. Fourth, the OSCE should support and protect the work of human rights defenders and NGOs. Lastly, the OSCE should step up dialogue on energy security issues.

  • Sustaining the Fight: Combating Anti-Semitism and Other Forms of Intolerance within the OSCE

    By Mischa Thompson, PhD, Staff Advisor, Erika Schlager, Counsel for International Law, and Ron McNamara, International Policy Director The OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding, held in Bucharest, Romania was the much anticipated follow-up to the 2005 OSCE Cordoba Conference on Anti-Semitism and on Other Forms of Intolerance. A goal of the Bucharest Conference was to continue to provide high level political attention to the efforts of participating States and the OSCE to ensure effective implementation of existing commitments in the fields of tolerance and non-discrimination and freedom of thought, conscience, religion or belief. In addition to Cordoba, prior conferences took place in 2003, in Vienna, and in 2004, in Berlin, Paris and Brussels. The conference was preceded by a one-day Civil Society Preparatory Meeting in which the three Personal Representatives to the Chair-in-Office on tolerance issues participated and NGOs prepared recommendations to the Conference. Official delegations from the OSCE countries took part in the conference, including participation from the U.S. Congress. Representative Alcee Hastings, Chairman of the U.S. Commission on Security and Cooperation in Europe (CSCE), participated as head of the Official OSCE Parliamentary Assembly delegation in his role as President Emeritus of the Parliamentary Assembly (PA). Representative Eric Cantor served as Chair and Ranking Republican Member of the Commission, Christopher H. Smith served as Vice-Chair of the U.S. delegation. (Delegation listed below.) The conference was divided into two parts, with the first part focusing on specific forms of intolerance and discrimination and the second part devoted to cross-cutting issues. Side events on various topics ranging from right-wing extremism to forced evictions of Roma were also held during the conference. Romanian President Traian Basescu opened the conference addressing tolerance concerns in his country. Romania's desire to host this conference -- assuming a considerable organizational burden and drain on Foreign Ministry resources -- reflected the government's recognition of the importance of these issues and a desire to play a leadership role in addressing them. However, in advance of the meeting, several developments underscored the extent to which Romanian society still struggles to combat anti-Semitism and racism. First, in December 2006, a Romanian court partially rehabilitated the reputation of Romania's World War II leader, Ion Antonescu, who had been executed after the war for a variety of crimes including war crimes. Second, right up to the start of the meeting, government leaders struggled to find a way to withdraw a national honor (the Star of Romania) that had been awarded to Corneliu Vadim Tudor, a notorious extremist, by President Ion Iliescu in 2004. (Although a mechanism was found to withdraw that award prior to the OSCE conference, after the conference a court suspended the withdrawal of the award.) Third, during a Romanian Senate confirmation hearing in April for Romania's Ambassador to Israel, nominee Edward Iosiper was subjected by some members of the Senate to a degrading inquiry regarding his Jewish heritage. Finally, only weeks before the conference started, President Basescu made unguarded comments -- unaware that they were being recorded -- in which he called a Romanian journalist an "aggressive stinking Gypsy." Like developments in many countries, these events served to underscore the continuing challenges that OSCE participating States face in promoting tolerance and combating anti-Semitism, racism, and other forms of bigotry. President Basescu opened the conference linking the importance of tolerance to democratic development and the need for his country to improve its efforts to combat anti-Semitism and discrimination, especially against Roma. His remarks were followed by a speech from a Romanian civil society group - Executive Director of Romani CRISS, Magda Matache – underscoring the unique opportunity the OSCE accords NGOs at some OSCE meetings to have equal footing with governments. Ms. Matache addressed the need for the Romanian Government to better address the discrimination directed towards its Romani population (the largest in Europe) and called upon government officials to set an example, making reference to the negative comments the President made prior to the conference. Following the conference opening, Chairman Hastings, representing the OSCE PA, delivered remarks at the opening plenary session. He highlighted the OSCE PA’s role in instituting the tolerance agenda within the OSCE in response to a spike in anti-Semitic acts in Europe in 2002. He also urged the OSCE to sustain its work in combating all forms of intolerance and addressed the plight of Roma, making special note of his recent visit to Roma camps in northern Kosovo. Rep. Cantor also delivered remarks on the need to sustain efforts to combat anti-Semitism. As in previous years, a major focus of the conference was on anti-Semitism with the first plenary session being dedicated to the issue. Many OSCE participating States reiterated their concerns about the continued presence of anti-Semitism throughout the OSCE region and the need to maintain the fight. States detailed the specific legal, educational, and cultural tools they were employing to counter anti-Semitism, such as Holocaust education in the schools. In the session on discrimination against Muslims, many of the same measures designed to address anti-Semitism, racism, and other forms of intolerance were being called for to combat intolerance issues in the Muslim community. In particular, the need for data collection, education, and increased civil society work were highlighted. Religious discrimination issues concentrated mainly in Eastern Europe included government enforced laws requiring registration of religious groups, increased taxes, property disputes, and other harassing behaviors. The rights of ‘non-believers’ were also raised. Race and xenophobia issues focused on the increase in physical attacks on racial minorities in both Eastern and Western Europe. Of note, religious issues raised were often acts of discrimination as opposed to hate crimes, and perpetrated by state actors through government enforced laws, which underscored some participants’ calls for religious issues to be viewed and treated as a fundamental right. Chairman Hastings served as introducer for the fourth session on data collection, law enforcement, and legislative initiatives to combat intolerance within the OSCE. Hastings detailed his personal experiences as an African-American during the U.S. civil rights era that spawned anti-discrimination, hate crimes legislation, and other initiatives. Citing statistics on U.S. anti-Semitic incidents, he noted the need for sustained global engagement on anti-Semitism issues, in addition to continued U.S. support for issues affecting Roma, Muslim communities, and the work of the three Personal Representatives on tolerance issues. Speaking during the closing session, Representative Smith praised the OSCE’s work on Holocaust education and reiterated the need for a focus on anti-Semitism. The Conference ended with a declaration drafted by the Spanish Chair-in-Office noting the continued presence of all forms of intolerance in the OSCE region and the need to continue efforts to combat them. Generally, the multitude of issues on the agenda of the Bucharest Conference, coupled with scheduling difficulties, left little time to focus on solutions or implementation, despite the many efforts Office for Democratic Institutions and Human Rights (ODIHR), the Parliamentary Assembly, and participating States had demonstrated in attempting to identify and address tolerance issues. Thus, the larger question of whether sustained engagement on tolerance issues within the OSCE would continue remained unanswered, as the conference did not provide answers to the following three questions: Whether the current mandates for the three personal representatives with their three distinct portfolios would be extended by the incoming 2008 Finnish chairmanship? What form future follow-up, including the possible location of future conferences and other initiatives on tolerance-related matters would take? How to sustain a focus on anti-Semitism, while addressing emerging concerns around discrimination towards Muslims and other religions, and increases in racism and xenophobia? While it is clear that further consideration must be given as to how best to continue addressing tolerance issues within the OSCE, it is also important to note that much has been accomplished since the OSCE began its intensified efforts in the tolerance arena only five years ago. Some examples include that ODIHR has: developed guidelines for Holocaust memorial days and anti-Semitism and diversity education materials; launched a website dedicated to providing country reports on statistics, data collection, and anti-discrimination legislation (TANDIS http://tandis.odihr.pl/); and drafted annual reports on hate crimes in the OSCE. Within the OSCE Parliamentary Assembly, resolutions on tolerance, such as the one introduced by CSCE Commission Co-Chair Senator Ben Cardin this year, have been adopted five consecutive years in a row. Thus, despite the growing pains experienced during the conference, in part due to scheduling and logistics issues, a cautionary note must be sounded. Past efforts, including the role of parliamentarians in supporting these issues, should not go unnoticed and should be continued. However, this does not mean that improvements cannot be made. In particular, the role of conference organization in terms of scheduling and location of sessions and side events can play in developing perceptions around the importance of an issue should not be overlooked. A greater focus on the planning stages is a necessity for future tolerance events. Further consideration should be given for ways to increase collaborations and support for combating all forms of intolerance by participating States and civil society to prevent perceptions that some forms of intolerance take precedence over others, as it takes focus and energies away from the actual goal of combating intolerance. Delegations should give greater thought to diversity and how members of their delegation can address the various sessions of conferences as well as side and other meetings. The U.S., in particular, has the ability to provide a leadership role in this regard given the diversity of our population and histories in addressing tolerance issues. Topics further exploring the benefits of diversity and means to communicate them to a larger populace must be included. Consideration for whether religious issues should be separated from racism and xenophobia issues at future events should be given. Lastly, a greater focus on implementation is needed to parallel or supplement the substantial conference activity on tolerance issues. U.S. DELEGATION (All delegates named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Head of U.S. Delegation, Congressman Eric Cantor U.S. Delegation Vice-Chair, Congressman Christopher H. Smith Ambassador Julie Finley, U.S. Mission to the OSCE Gregg Rickman, Special Envoy to Monitor and Combat anti-Semitism J. Christian Kennedy, U.S. Special Envoy on Holocaust Issues Jeremy Katz, Special Assistant to the President for Policy and White House Liaison to the Jewish Community Imam Talal Eid, Islamic Institute of Boston & U.S. Commission on International Religious Freedom Malcolm Hoenlein, Executive Director, Conference of Presidents of Major Jewish Organizations Dr. Richard Land, President, Southern Baptist Ethics & U.S. Commission on International Religious Freedom Deborah Lipstadt, Professor of Modern Jewish History and Holocaust Studies, Emory University   U.S. ADVISORS TO THE U.S. DELEGATION (All advisors named by U.S. Secretary of State Condoleezza Rice and approved by the White House): Rabbi Andrew Baker, American Jewish Committee Stacy Burdett, Anti-Defamation League Dan Mariaschin, B'nai Brith Mark Weitzman, Simon Wiesenthal Center Radu Ionid, U.S. Holocaust Memorial Museum Paul Shapiro, U.S. Holocaust Memorial Museum Lesley Weiss, National Conference on Soviet Jewry Catherine Cosman, U.S. Commission on International Religious Freedom Joseph Grieboski, Institute Of Religion and Public Policy Paul LeGendre, Human Rights First Angela Wu, Becket Fund

  • Remarks of Rep. Chris Smith to OSCE Conference on Promoting Tolerance Closing Plenary Session, Bucharest, Romania

    On behalf of the United States delegation, I would like to thank our Romanian hosts and you, the ministers, ambassadors, NGOs and my fellow delegates for engaging in a discussion of how to combat anti-Semitism and other forms of intolerance in the OSCE. Let me also commend the Romanian Foreign Minister, Mr. Adrian Cioroianu for proposing to host a regional anti-Semitism meeting. That is a magnificent gesture from Romania. On a more personal note, it is deeply gratifying for me, as a Congressman for 27 years who has focused on defending human rights, to see the representatives of so many OSCE States gathered here to reaffirm their commitment to combating intolerance. I was, to steal a phrase from former American Secretary of State Dean Acheson, “present at the creation” of this series of conferences. I remember when, at a hearing I chaired in 2002, in response to what appeared to be a sudden, frightening spike in anti-Semitism in some OSCE countries, including my own, we first proposed the idea for an OSCE conference on combating anti-Semitism. Dr. Samuels of the Wiesenthal Center in Paris testified at that hearing and said, “The Holocaust for 30 years after the war acted as a protective Teflon against blatant ant-Semitic expression. That Teflon has eroded, and what was considered distasteful and politically incorrect is becoming simply an opinion. But,” he quickly warned, “cocktail chatter at fine English dinners can end as Molotov cocktails against synagogues.” Convinced we had an escalating crisis on our hands, the U.S. teamed with several OSCE partners—especially Gert Weisskirchen from Germany—to push for action and reform. Those efforts led to Vienna, Berlin, Cordoba, and to Bucharest today. From the start, before any conference had even taken place, there were colleagues who thought the struggle against anti-Semitism should be folded into a more general effort against intolerance. Well-meaning as that might seem, it would have diluted our focus and resolve. Let’s be frank. Anti-semitism is a particularly insidious form of hate that has had horrific consequences, including genocide. In the span of human history, the Holocaust was yesterday. So I believe we did the wiser thing. We launched a new struggle against anti-Semitism, and a concurrent battle against other specific forms of intolerance such as discrimination against Muslims, Christians, members of other religions, and against racism, xenophobia, and other related forms of discrimination. We have moved ahead on all these issues. Those of us who helped birth the Vienna and Berlin conferences certainly never meant to restrict the OSCE’s field of concern. But we did believe that the OSCE should put and sustain a special emphasis on anti-Semitism. We believed that anti-Semitism is a unique evil, a distinct form of intolerance, the oldest form of religious bigotry, and a malignant disease of the heart that has very often led to murder. Next a brief word on implementation. In each of the conferences OSCE Participating States have made solemn, tangible commitments to put our words into action. Although in some countries progress has been made, anti-Semitic acts have not abated in others, and in some nations has actually gotten worse. So the United States welcomes the OSCE commitment to focus on individual problems and tailor responses to their specificity. This approach is reflected in the mandates of the three personal representatives and we call on more states to support and cooperate with their efforts to put increased muscle behind combating these problems. We welcome and encourage the continuation of ODIHR programs to develop curricula on teaching about the Holocaust, assisting States to enact hate crime legislation, to train prosecutors and police, especially peer-to-peer like the law enforcement officers program. And we should convene follow-up expert meetings and another implementation meeting in 2009. We can't allow human rights fatigue and indifference to set in. Finally, each of us knows we can and must do better. For our part, let me assure you that the members of the U.S. delegation will return home with fresh enthusiasm, commitment and resolve to eradicate the scourge of hate. We return home to insist that the purveyors of criminal acts of hate be vigorously pursued and prosecuted. Prosecutorial discretion is a wonderful concept in the administration of justice but our society is ill served when law enforcement looks the other way at anti-Semitic hate crimes. And we return with an urgent mission to expand Holocaust education and remembrance so that the words, “never again” finally have meaning, and to educate both young and old alike that human rights and tolerance are not fanciful words, but the only way a civilized, compassionate, and caring society can survive and prosper.

  • Remarks at the OSCE Conference on Combating Discrimination and Promoting Mutual Respect and Understanding

    Thank you and good afternoon. I have been on the road the past 2 weeks in Warsaw, Poland, Israel, Ramallah, and in a Roma camp in Kosovo. As many of you know, I am the immediate past President of the OSCE’s Parliamentary Assembly. In that capacity, and as a member of the United States House of Representatives, I have worked with my colleagues in the OSCE PA like Ambassador Strohal and Professor Gert Weisskirchen to help institute a focus on anti-Semitism and other forms of intolerance within the OSCE. Today I will tell you a little about my history as an African-American living during the civil rights era and how the United States came to develop some of its tolerance laws. I hope we can all learn from my words how best to tackle the scourge of anti-Semitism, racism and other “-isms” that exists in each of our countries. It was only 40 years ago when “separate but, equal” was a law in the United States and Whites could legally discriminate against blacks and others by having separate facilities. Legally, I, nor any other black person, could sit next to a white person on a bus, eat at the same restaurant, or even use the same restrooms, or drink out of the same water fountains. While facilities were separate as the law required, they were definitely not equal. After years of struggle, I and many others of my generation, standing on our forbearers’ shoulders, created the climate that enabled Congress and then-President Lyndon Johnson to pass the Civil Rights Act of 1964. That groundbreaking law ended legal discrimination in the United States and served as the foundation for other laws; such as the historic Voting Rights Act, which prohibited discriminatory voting practices, and the Fair Housing Act, which prohibited discrimination in the sale or rental of housing. However, the days of colonization and slavery, made it difficult for whites to accept laws now stating that blacks and others should be treated equally. To maintain the status quo, white supremacy groups attacked blacks and their supporters to instil widespread fear in the black community and anyone else calling for change. The Kennedys, Malcolm X, and Martin Luther King, Jr. were assassinated. Black churches were burned. But the violence had the unintended effect of bringing Americans together to support civil rights legislation. Americans realized that extending Constitutional rights to some and not all would be the undoing of America. So, in the 80s and 90s, the brutal murders of racial and gender minorities and flames atop the rooftops of churches and synagogues again became a beacon for change. Congress reacted by passing hate crimes laws to collect statistics, impose longer prison sentences, and investigate arsons and rebuild churches and refurbish synagogues that had been decimated. Until the Civil Rights Act in 1964, race and class-based preferential access had been reserved for whites. For example, the U.S. government funded GI bill, predominantly provided free college education and housing assistance to white World War II veterans. And, so called ‘legacy rules’ guaranteed college admission to family members of white alumni. Affirmative action did help make up for the decades of missed opportunities by qualified blacks blocked from attending top universities and upper-level jobs irregardless of their intelligence and skills. Now, while my country may be seen somewhat as a model for tolerance and anti-discrimination laws, I sadly must admit that our work is not yet done. Just last year, the U.S. Congress reimplemented its historic Voting Rights act the right. Those of you watching our presidential elections in 2000 and 2004 may remember the irregularities that prevented thousands of predominantly poor and minority voters from having their votes counted as a result of discriminatory tactics. This was purposeful and has forever altered United States and world history. Our hopes are that in passing these new voting rights laws, Americans will no longer experience discrimination at the voting booth. We are all aware of the OSCE’s unmatched work in election observation that hinges upon the teaming of ODHIR bureaucrats with seasoned elected officials from the PA under the great leadership of my peer Ambassador Strohal. I urge you all to watch our elections, and when the invitation to monitor comes next year… Come. Monitor our elections and see if our laws are being upheld. And I encourage you all to do the same in other OSCE spheres. Just months ago, the U.S. House of Representatives expanded our hate crimes laws to include individuals targeted because of their gender, sexual orientation, or disability. Though controversial, Americans ultimately agreed that there is an obligation to protect not only those with whom we share common characteristics, ideas, or belief systems, but all Americans. Assuring the protection and rights of all has also been a concern in the wake of September 11th for Muslim Americans. Despite a recent survey showing that most Muslims came to America and here in Europe in search of a better way of life, desire to work hard, uphold democratic values, and reject religious extremism, they are now often treated as second class citizens. They question whether European or American dream is still achievable for them, or even truly exists. As an African-American who lived during the Civil Rights era, I, too, have loudly questioned whether the rights enshrined in our United States Constitution applied to me. However, I now understand that the beauty of my country is that it allows for the capacity and space to change our legal and legislative system as time and circumstance dictates. The difficulty is determining whether the time for change is now and what changes should be made. I hope that under the Chairman-in-office’s recommendation, the upcoming conference in Cordoba will raise further awareness about anti-Muslim sentiments and stereotypes throughout the OSCE region. This is a growing problem and anti-Semitism continues to be a problem both of which we must address, whether all of us in this room are willing to admit it or not. There are no overnight solutions. Sustained activity on issues of tolerance and civil rights by introducing new laws when necessary and ensuring implementation are a necessity if we are to keep history from revisiting itself here in the EU, United States, and elsewhere in the world. We cannot forget that only 40 years ago, civil rights legislation in my country was non-existent. And without it, it is safe to say, I would not be standing here today. Places where I was once challenged to vote, restaurants where I was unable to eat... Today’s children are clearly in need of the same and hopefully a better situation than mine. Be they in the United States or elsewhere in the OSCE region. When I see Paris burning, I see the Detroit and LA riots and wonder if affirmative action or other inclusionary laws will follow. Requirements for religious registration in some places in Europe cause me to wonder where continued anti-Semitism and the world’s fear of Islam may lead and if it will ultimately trample on our freedom of religion. Just this past Tuesday, I was in the northern Kosovo Roma camps. When I think of the abject poverty I saw there along with testaments of Roma being sent to different schools than their peers despite their intelligence, I can only think of my own experiences riding to 60 miles to school each day with hand me down books, no cafeteria, and no foreign languages taught. The OSCE with the support of the United States must continue its focus on the situation of the Roma and Sinti. When I addressed this conference yesterday, I pointed out the critical role that the OSCE PA played in establishing this conference. Indeed, it is fair to say that we have come a long way. Many of the countries sitting in this room today have written and passed anti-discrimination laws as a direct result of the OSCE’s work to combat anti-Semitism, xenophobia, racism, and other forms of discrimination. Now we must implement them! And I for one stand in support of the Special Envoy, Personal Representatives, and NGOs. All of us are necessary to achieve positive results. The reality remains that anti-Semitism – the initial reason why we called for a convening such as this – continues to run rampant in all of our streets, including my own. In fact, over 1500 incidents of anti-Semitic acts were recorded in the U.S. alone last year and the continued stereotypic misperceptions of Jews within the OSCE region are only increasing the propensity for violence. In my country, we are trying to stop these attacks. All of you in these countries with our help must do the same in yours. Member states need to collect such statistics, for anti-Semitic attacks and all hate crimes. It is in this way that we can best fully monitor and address these heinous actions. In the words of the African-American scholar WEB Dubois, “There can be no perfect democracy curtailed by color, race, or poverty. And I would add religion and gender. But with all, we accomplish all, even peace.” America’s history and its use of legislation to combat intolerances and discrimination can be a working blueprint for peace. I urge you to use this blue print and learn from our successes. I also urge you to learn from and not repeat our mistakes. It is time to implement our wonderful ideas from five years of these conferences. But, please – more action and less talk! Thank you very much.  

  • Remarks at the OSCE High-Level Conference on Combating Discrimination and Promoting Mutual Respect and Understanding

    I am privileged to address you today as the representative of the OSCE Parliamentary Assembly to the Bucharest Conference, an outgrowth of the work begun by the Assembly in 2002 in response to an alarming spike in anti-Semitic incidents and related violence. Indeed, the Assembly’s timely initiative has led to a sustained focus, by parliamentarians and diplomats alike, on combating this and other forms of intolerance, including racism as well as discrimination against individuals because of their religion. The reality is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort. Faced with such social afflictions, each of us has a choice whether to remain complacent, some might say complicit, or to take action. The choice is there for each of us to make. It would be foolhardy for any of us to suggest that he or she could single-handedly wipeout these virulent viruses that plague society. But the enormity of the challenge should not deter us from taking action within our own spheres of influence no matter how limited they might seem. From our home, school or workplace to the football stadium, town hall square or pages of our local newspaper, each of us can make a difference. As elected officials, we must recognize our unique responsibility – our obligation -- to combat intolerance and discrimination as well as to promote mutual respect and understanding. First we have a duty to use the public platform entrusted to us to speak out when manifestations of hate occur. As Elie Wiesel has rightly observed, “neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Additionally, we can and must work to help our governments and people come to terms with the historical truths of our collective past. Perpetuating myth as history only serves to impede this vital and healthy process. Access to accurate information, including archival materials, is particularly relevant in this regard as well as the textbooks used to educate our young people. Education – whether at the dinning room table or the formal lecture hall – is a powerful instrument for overcoming the legacy of the past, promoting social justice in the present, and building a brighter future. As government officials we have a duty to ensure adequate resources for such programs, including Holocaust education. Government alone cannot accomplish all that needs to be done. To be successful, we must reach out in partnership to civil society. Finally, as legislators, parliamentarians are uniquely positioned to shape laws that help define the limits of conduct in society. At times a daunting task, we face the challenge of ensuring appropriate protection of the targets of hate while preserving fundamental freedoms and human rights. While we may differ on approaches, one thing that we can all agree on is that there can be no neutrality or silence when violence is used against an individual or group. I have traveled across the breadth of the OSCE region and beyond in connection with my work with the OSCE Parliamentary Assembly. Having just been in the Middle East, I am mindful of the unique role the Mediterranean Partners could play in promoting mutual respect and understanding. During the course of my travels I have made it a point to be in contact with a wide spectrum of society, from the displaced Roma forced to live on the extreme margins and members of minority faith communities denied the right to freely profess and practice their faith to ethnic and racial minorities constantly living in fear for their safety. In each instance, they simply seek the dignity that should be accorded to every human being. Far too often there is a fixation on differences that blinds us to our common humanity. In closing, I would note that this year marks the bicentennial of the 1807 Abolition of the Slave Trade Act, which banned the slave trade in the British Empire. The words of a courageous abolitionist in the House of Commons, William Wilberforce, should serve as an inspiration to all of us that we must take a stand no matter the seemingly insurmountable odds against success. “So enormous, so dreadful, so irremediable did the [slave] trade’s wickedness appear that my own mind was completely made up for abolition. Let the consequences be what they would: I from this time determined that I would never rest until I had effected its abolition.” May we display such determination and dedication in our common efforts to combat anti-Semitism and other forms of intolerance and discrimination and work energetically to promote mutual respect and understanding. You and I can make a difference, if we care to. Your presence here in Bucharest is a good starting point. Thank you.

  • Confronting Global Anti-Semitism: a Transatlantic Partnership

    Anti-Defamation League National Leadership Council Thank you for that kind introduction, and for inviting me here tonight. It is a true honor to sit on this panel with three proven leaders in the global fight against anti-Semitism. The ADL is a one of the premier human and civil rights organizations in the world. I do not need to tell you what you have in Abe Foxman. He is a dear friend of mine and to countless others worldwide. When he speaks, I listen. I also want to welcome the more than 20 activists from South Florida with us tonight. Make sure to thank them for bringing the warm weather. I have been asked to keep my remarks brief. So please forgive me if I am a bit cryptic, and do not hesitate to ask me questions later. Elected officials have a unique platform from which to address anti-Semitism and other forms of intolerance. In fact, we have a moral obligation to do so. As Chairman of the Helsinki Commission and the immediate past President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, I been working to improve trans-Atlantic relations to combat anti-Semitism and other forms of intolerance for years. Both organizations have provided an invaluable political impetus for this issue to receive the attention which it deserves by all 56 OSCE countries. The reality is that we are seeing a resurgence not only of anti-Semitism, but all forms of intolerance, throughout the entire world. The need for us to combat these evils is growing every day. In Romania, for example, the courts are attempting to rehabilitate the reputation of General Ion Antonescu, an individual responsible for the killing of between 280,000 and 380,000 Jews during the Holocaust. In Hungary, the U.S Holocaust Museum is being denied access to Holocaust archives. And, in Bad Arolson, Germany, one of the largest Holocaust-era archives in the world remains closed to the public because four countries – Italy, Greece, France, and Belgium – have not yet ratified certain amendments to the Bonn Accords. Realize, had it not been for the actions of the Helsinki Commission and others, including the ADL, the situation in Bad Arolson would be worse today than it already is. The Commission first acted on the issue last year with a public briefing. And just last week, the House of Representatives unanimously approved a resolution I authored calling on European countries to expedite the opening of these archives. Indeed, we will not be successful in this and other endeavors unless we work together. Almost every day, I meet with various senior officials, ambassadors, parliamentarians and other dignitaries. Hardly a meeting passes without me engaging my colleagues on common concerns of justice and fairness. Essential aspects of such dialogue are an acknowledgement that we don’t have all the answers, and when it comes to anti-Semitism, no country is immune. It is, therefore, critical that we partner with those who share our awareness, concern, and passion to confront and combat these evils. But let me not sugar coat the issue. Time and time again, I am met with resistance from certain quarters of the international community to these efforts. Some want to talk about the problem and its manifestation, while others refuse that a problem even exists. Institutions built to combat anti-Semitism and protect human rights are key to refuting the deniers. As such, countries would be wise to create their own Helsinki Commissions to serve as a mechanism under which these issues can be addressed. Further, I can not stress enough the importance of face-to-face dialogue. In early June, I will travel first to Warsaw to keynote a conference on the U.S.-Polish-Israeli relationship, then to Israel with the current President of the OSCE PA. My journey will end in Bucharest, Romania at the next OSCE conference on anti-Semitism and other forms of intolerance and discrimination – a conference which I and other legislators helped create almost five years ago. High-level government officials will be there with NGO’s, including the ADL, and it is my sincere hope that Secretary Rice will be among them. Her presence would send a very powerful message. Friends, we can no longer live in a world which encourages and fosters the manifestation of racism, xenophobia, anti-Semitism, and all other forms of bigotry. Our shared dream for justice and fair treatment of all citizens alike is attainable with continued commitment to working together and a willingness to confront anything that comes our way. Thank you.

  • Parliamentary Elections in Serbia Reveal Progress in Democratic Development but also Support for Nationalist Causes

    By Clifford Bond and Robert Hand On January 21, Serbia held elections for the 250-seat parliament, the National Assembly. Monitored by more than 300 international observers under OSCE auspices, including two members of the Helsinki Commission staff, the elections were overwhelmingly viewed as being conducted in a free and fair manner. The outcome and related institutional questions, on the other hand, indicate that Serbia’s political development remains burdened by the legacy of the Milosevic regime that ruled for over a decade before being ousted in 2000, even as the country moves in an increasingly democratic direction. These elections were held in the aftermath of the dissolution of the state-union between Serbia and Montenegro following the latter’s declaration of independence in June 2006. Serbia subsequently adopted a new constitution in October 2006. Looming over these formal developments and new elections, however, is the larger question of Kosovo’s future status. The actual timing of the elections was used as a pretext for delaying a UN recommendation on Kosovo, which is expected shortly. Based on the conduct of previous elections in Serbia, there was little concern that these elections would fall short of international standards. However, some concerns were raised regarding the conduct of the earlier constitutional referendum, which witnessed a strong, last-minute push of voting in some regions with the apparent purpose of ensuring a positive outcome. The constitution itself is controversial, particularly in its numerous references to Kosovo as an integral part of Serbia, which may have led some segments of Serbian society to boycott the referendum. Undoubtedly, more important international concerns include the uncertain direction of Serbia’s political development and a desire to strengthen Serbia’s democratic institutions. OSCE Parliamentary Assembly President Goran Lennmarker, a Swedish parliamentarian, was designated by the OSCE Chair-in-Office to lead the short-term election observation mission as Special Coordinator. The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) conducted a long-term observation effort headed by retired German Ambassador Geert Ahrens. Perhaps the chief criticism of the election process was the obvious gap between the voter’s choice and the actual selection of the person who ultimately takes a parliamentary seat. The Serbian voter chooses a political party or coalition on the election list, but, once it is determined how many seats a particular party/coalition gets, the party leadership then has ten days in which to select which of the 250 persons on its submitted party list actually take a seat. This method of selecting parliamentarians has been criticized for lacking transparency and effectively concentrating attention not on specific candidates and their views or abilities but on the political party leaders who retain control over their members. This leadership control may be further strengthened by requiring deputies to sign undated letters of resignation which can be used to remove them if they fail to observe party discipline. On the other hand, efforts were undertaken – albeit not without some opposition -- to modify existing law and encourage minority representation, including lowering the number of signatures for parties representing ethnic minorities from the normal 10,000 to only 3,000 and dropping the threshold needed to enter the parliament from 5 percent of the votes case to 0.4 percent (1/250) of those cast. Two Hungarian and two Romani political parties joined a Bosniak coalition from the Sandzak region and an Albanian coalition from southern Serbia on the election ballot. Albanian participation was the first since 1997, although two Albanian-based political parties which originally joined the coalition subsequently withdrew and supported a boycott of the elections. The election campaign was long by Serbian standards and quite intense. In contrast to the constitutional referendum campaign, the issue of Kosovo’s status did not dominate campaign rhetoric. Instead, there was considerable and perhaps refreshing discussion of economic issues, for example, reflecting the fact that despite significant economic growth, unemployment remains high. EU enlargement may also increasingly isolate Serbia and its people within the region. Some parties focused more heavily on corruption, property restitution and other economic issues. The democratic and nationalistic range of the dominant Serbian political parties differed on integration mostly in their degree of enthusiasm and differentiation between support for joining the European Union on the one hand and joining NATO on the other. They likewise differed on Kosovo mostly to the degree to which its loss to Serbia was an acknowledged inevitability. Comments by politicians and diplomats from other countries supporting reformist parties late in the campaign prompted cries of interference from more nationalist parties. Observers monitoring media coverage of the campaign reported a very balanced approach, particularly among the broadcast media, as well as a positive tone indicating almost too much official instruction about how to remain neutral. The print media’s performance was more uneven in its campaign coverage, but low reliance on print media in Serbia made such differentiation of questionable significance. Election day was largely dry and unseasonably mild, and this contributed to high voter turnout of above 60 percent. This reversed trends toward voter apathy in previous elections. Out-of-country voting also took place for Serbian citizens in 34 other countries. Upon visiting their designated polling station, over 8,500 in all, voters typically encountered a polling board enlarged by political party representation to often as many as 20 to 30 or more members. Nevertheless, with few exceptions the polling was conducted in a professional manner that respected the secrecy of the ballot and made election-day manipulation, if any was intended, difficult to accomplish. The ballot presented the same list of 20 political parties or coalitions to voters across the country, albeit in different languages depending on concentrations of ethnic minorities residing in the area. Unlike the referendum in which the constitution would either pass or fail, polling board members represented political parties that had no real expectation of an outright victory and merely hoped to achieve or maybe exceed the high end of predictions based on public opinion polls. This likely reduced tension on election day, including during the critical counting of ballots once polls closed, despite significant political differences within polling boards. The Center for Free Elections and Democracy (CeSID), a civic non-governmental organization, helped reduce tension by peppering Serbia with close to 4,000 domestic observers to discourage irregularities. The day after the election, before final results were announced, the International Election Observation Mission held a press conference to announce its preliminary conclusions. As Special Coordinator, OSCE Parliamentary Assembly President Goran Lennmarker released the joint statement which began with the clear statement that the “parliamentary elections in Serbia were free and fair. They provided a genuine opportunity for the citizens of Serbia to freely choose from a range of political platforms. The 20 lists of political parties and coalitions vigorously competed in an open campaign environment. The election campaign was calm, and checks and balances ensured that the election reflects the will of the people, in line with the OSCE’s Commitments as well as with the Council of Europe standards.” The OSCE’s ODIHR released an additional report of its preliminary findings based on the month-long observation of its 28-member team. Despite the overwhelmingly positive assessment, the Republican Election Commission did cancel results in 14 polling stations due to irregularities. World reaction to the results focused heavily on the continued support among the Serbian electorate for the Serbian Radical Party (SRS) led by indicted war criminal Vojislav Seselj, which garnered 28.7 percent of the vote, up from 27.6 percent in the last elections in 2003. That, of course, rightly leads to concern about Serbia’s inability to reject the extreme nationalism fostered by the Milosevic regime throughout the 1990s. On the other hand, the Democratic Party (DS) of President Boris Tadic came in second with 22.9 percent of the vote, an increase from 12.6 percent in 2003 and an indication that entrenched nationalist sentiments have not negated strong support for democratic development and integration. The coalition led by the Democratic Party of Serbia (DSS) of the current Prime Minister, Vojislav Kostunica, gained only 16.7 percent of the vote, compared to 17.7 percent in 2003. The DSS, which bridges the nationalist/democratic divide in Serbian politics, appears to be replaced by the DS as the leading reform-oriented party in Serbia. G17-Plus, which has focused heavily on economic reform, saw its percentage of support drop but retained enough for parliamentary representation, as did the Socialist Party of Serbia (SPS), once led by Slobodan Milosevic. The Liberal Democratic Party (LDP), a newer party led by Cedomir Jovanovic which more completely than any other rejects the Milosevic legacy, crossed the 5 percent threshold by leading a coalitions of like-minded parties. The Serbian Renewal Movement (SPO) of Vuk Draskovic, which traditionally featured prominently in Serbia’s multi-party political history, did not. One Hungarian and two Romani parties, along with the Bosniak and the Albanian coalition, won one or more seats in the National Assembly. The odds that the SRS will be part of a coalition government appear to be slimmer than one year ago, when that was a major concern. Instead, the hope is for the DS and the DSS to overcome differences to form a new government with the support of other democratic forces, such as the G-17 Plus. Such a coalition could advance Serbia’s integration into the Euro-Atlantic community. Prime Minister Kostunica’s past government relied on SPS support to stay in power, and he has indicated an unwillingness to enter a coalition with the Radicals. Personality conflicts, as well as differences over important issues such as cooperation with the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) and the appropriate response to an expected UN proposal on the status of Kosovo could complicate coalition formation. Most leading Serbian parties have counted on international concern over Serbia’s political direction to delay an expected UN recommendation, but that appears increasingly unlikely. A proposal on a new status for Kosovo will jolt the Serbian political scene. Many in Serbia feel victimized by the Milosevic regime. They fail to fully appreciate, however, the tremendous damage and suffering inflicted on the neighboring peoples of the former Yugoslavia during the Milosevic era through the commission of war crimes, crimes against humanity and genocide, and a deep distrust resulting from Serbia’s inability to acknowledge that reality. Serbia will not fulfill its democratic promise until it fully comes to terms with this recent history. For that reason full cooperation with The Hague Tribunal remains essential. Over the longer term, democratic forces inside the country should prevail and advance Serbia’s reconciliation with its neighbors and its full integration into Europe, but without a mental break with its past this task will take longer and be more difficult to accomplish.

  • Helsinki Commissioners Meet with Vaclav Havel, Commemorate 30th Anniversary of Charter 77 Movement

    On February 27, 2007, Representative Alcee L. Hastings (D-FL) and Senator Benjamin L. Cardin (D-MD), Chairman and Co-Chairman of the Commission on Security and Cooperation in Europe, met with Vaclav Havel, former president of the Czech Republic (1993–2003), world renowned human rights activist, and playwright. “This year marks the 30th anniversary of Charter 77’s founding, a movement that was dedicated to compelling the communist government of Czechoslovakia to abide by the international human rights agreements it had freely adopted, including the Helsinki Final Act,” observed Chairman Hastings. “I was delighted to be able to personally share with President Havel the deep respect I have for him, for the movement he helped to found, and for his continuing leadership on human rights issues around the globe.” Former Commission Chairman Representative Christopher H. Smith (R-NJ) and Czech Ambassador Petr Kolar also participated in the discussions, which touched on issues including Russia, China, Cuba, and developments in the Middle East. Havel was briefly in Washington early this year at the Library of Congress’ John W. Kluge Center. Librarian of Congress Dr. James Billington hosted meetings on Capitol Hill with Havel and Members of Congress. Havel addressed a joint session of Congress in 1990 and was awarded the Presidential Medal of Freedom in 2003. The Charter 77 movement was founded in Czechoslovakia in 1977, originally with the support of approximately 240 signatories, each of whom signed a card stating, “I agree with the Charter 77 declaration of January 1, 1977.” The original cards have since been discovered in the Czechoslovak secret police archives. In January, the National Museum in Prague mounted an exhibit of materials related to the Charter 77 movement. In addition, the Washington-based National Security Archives (affiliated with George Washington University), in conjunction with the Prague-based Czechoslovak Documentation Center, released a compilation of documents about the Charter 77 movement, including now-declassified State Department and CIA reporting. Statements made by current and former leaders of the Helsinki Commission on the occasion of the 30 th anniversary of Charter 77, as published in the Congressional Record, are printed below. STATEMENTS REPRINTED FROM THE CONGRESSIONAL RECORD THE 30TH ANNIVERSARY OF THE ‘‘CHARTER 77 MOVEMENT’’ HON. ALCEE L. HASTINGS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 Mr. HASTINGS of Florida. Madam Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I am privileged to add my voice today to those honoring Vaclav Havel, Czechoslovakia's first post-communist President, and the Charter 77 movement which, 30 years ago, he helped to found. Three decades ago, the Charter 77 movement was established and its founding manifesto was formally delivered to the Communist regime in Prague. The goals of the Chartists – as signatories came to be known – were fairly straightforward: “Charter 77 [they stated] is a loose, informal and open association of people of various shades of opinion, faiths and professions united by the will to strive individually and collectively for the respect of civic and human rights in our own country and throughout the world – rights accorded to all men by the two mentioned international covenants, by the Final Act of the Helsinki conference and by numerous other international documents opposing war, violence and social or spiritual oppression, and which are comprehensively laid down in the U.N. Universal Charter of Human Rights.” The phrase “people of various shades of opinion” was, in fact, a charming understatement regarding the diversity of the signatories. Founding members of this movement included Vaclav Maly, a Catholic priest banned by the regime; Vacla Benda, a Christian philosopher; former Trotskyite Peter Uhl; former Communists like Zdenek Mlynar and Jiri Hajek, both of whom were ousted from their leadership positions in the wake of the 1968 Soviet attack that crushed the Prague Spring reforms; and, of course, Vaclav Havel, a playwright and dramatist. Notwithstanding the many differences these people surely had, they were united by a common purpose: to compel the Communist regime to respect the international human rights agreements it had freely adopted. Interestingly, the Charter 77 movement was never a mass dissident movement – fewer than two thousand people ever formally signed this document. But, to use a boxing analogy, Charter 77 punched above its weight. Its influence could be felt far beyond the number of those who openly signed on and, ultimately, in the battle of wits and wills with the Communist regime, Charter 77 clearly won And most importantly, Charter 77 – like other human rights groups founded at roughly the same time in Moscow, Vilnius, Warsaw and elsewhere – looked to the Helsinki process as a vehicle for calling their own governments to account. Although it is sometimes said that the Helsinki process helped to bring down communism, it is really these grass roots movements that gave the Helsinki process its real meaning and its true legitimacy. Thirty years ago, a small, courageous band of people came together and said, “We believe that Charter 77 will help to enable all citizens of Czechoslovakia to work and live as free human beings.” Today, we remember their struggle and praise their enduring contributions to democracy and human rights. IN HONOR OF VACLAV HAVEL SENATOR BENJAMIN L. CARDIN OF MARYLAND IN THE SENATE March 13, 2007 Mr. CARDIN. Mr. President, 30 years ago, the Charter 77 movement was established with the simple goal of ensuring that the citizens of Czechoslovakia could ``live and work as free human beings.'' Today, as cochairman of the Commission on Security and Cooperation in Europe, I join with my colleagues in celebrating the founding of Charter 77 and honoring those men and women who, through their personal acts of courage, helped bring freedom to their country. When the Charter 77 manifesto was issued, three men were chosen to be the first spokespersons of this newly formed movement: a renowned European philosopher, Jan Patocka; Jiri Hajek, who had been Czechoslovakia's Foreign Minister during the Prague Spring; and the playwright, Vaclav Havel. They had the authority to speak for the movement and to issue documents on behalf of signatories Tragically, Jan Patocka paid with his life for his act of bravery and courage. After signing the charter and meeting with Dutch Ambassador Max van der Stoel, he was subjected to prolonged interrogation by the secret police. It is widely believed this interrogation triggered a heart attack, resulting in his death on March 13, 1977. In spite of the chilling message from the regime, Jiri Hajek and Vaclav Havel continued to work with other chartists, at tremendous personal cost. Two-hundred and thirty signatories were called in for interrogation; 50 houses were subjected to searches. Many supporters lost their jobs or faced other forms of persecution; many were sent to prison. In fact, the harsh treatment of the Charter 77 signatories led to the creation of another human rights group, the Committee for the Defense of the Unjustly Persecuted, known by its Czech acronym, VONS. In October 1979, six VONS leaders including Vaclav Havel, were tried for subversion and sentenced to prison terms of up to 5 years. Perhaps the regime's harsh tactics reflected its knowledge that, ultimately, it could only retain control through force and coercion. Certainly, there was no perestroika or glasnost in Husak's Czechoslovakia, no goulash communism as in neighboring Hungary. And so, the regime was threatened by groups that might have seemed inconsequential elsewhere: by the psychedelic band, ``Plastic People of the Universe;'' by a musical appreciation group known as the Jazz Section; by environmentalists, historians, philosophers and, of course, playwrights. Mr. President, 1989 was an extraordinary year--a year in which the regime sought to control everything and, in the end, could control nothing. In May, Hungary opened its borders. In June, free elections were held for parliamentary seats in Poland for the first time in decades. By August, 5,000 East Germans were fleeing to Austria through Hungary every single week. Demonstrations in East Germany continued to rise, forcing Eric Honecker to resign in October. On November 9, the Berlin Wall was breached. But while Communist leaders in other countries saw the writing on the wall, authorities in Prague continued to believe they could somehow cling to power. Ironically, the regime's repressive tactics were part of its final undoing. On November 17, 1989, significant student demonstrations were held in Prague. Human rights groups released videotapes of police and militia viciously beating the demonstrators and these tapes were rapidly and widely circulated through the underground. Shortly thereafter, VONS received credible information that a student demonstrator had been beaten to death. The alleged death so outraged Czechoslovak society that it triggered massive demonstrations. Within days, Czechoslovakia's Communist regime collapsed like a house of cards. As it turned out, no one had actually been killed during the November 17 protests; the story of the student death had been concocted by the secret police to discredit VONS but was all too believable. As concisely stated by Mary Battiata, a reporter for the Washington Post, ``..... a half-baked secret police plan to discredit a couple of dissidents apparently boomeranged and turned a sputtering student protest into a national rebellion.'' On December 29, Vaclav Havel--who had been in prison just a few months earlier--was elected President of Czechoslovakia by the Federal Parliament. Jan Patocka once wrote, ``The real test of a man is not how well he plays the role he has invented for himself but how well he plays the role that destiny assigned to him.'' It seems that destiny had a particular role for Vaclav Havel, not one that he invented or envisioned for himself, but one that he has played with courage and grace, with dignity and honor. Today, we honor Vaclav Havel and the Charter 77 movement he helped to found. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. STENY H. HOYER OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. HOYER. Madam Speaker, this year marks the thirtieth anniversary of the Charter 77 movement. Along with other colleagues from the Helsinki Commission, which I had the privilege of Chairing and Co-Chairing from 1985 to 1994, I rise today to commemorate Charter 77's extraordinary accomplishments, and to praise Vaclav Havel, a founding member of the Charter 77 movement and Czechoslovakia's first President after the fall of communism. Twenty years ago this month, I led a Congressional delegation to Czechoslovakia – my first trip to that country. At that time, I was assured by Czechoslovak Government officials that Charter 77 was only a small group, and there was no need to have a dialogue with its members. In an apparent effort to underscore their point, the regime detained several Chartists to keep them from meeting with our delegation: Vaclav Havel, Petr Uhl and Jiri Dienstbier were all arrested in Prague; Miklos Duray was prevented from traveling to Prague from Slovakia; and although Petr Puspoki-Nagy made it to Prague, he was also immediately detained on his arrival. Although I was deprived of the chance to meet these individuals in person, I was already well aware of their work. In fact, the Helsinki Commission's second hearing, held in February 1977, published the full text of the Charter 77 manifesto at the request of one of our witnesses, Mrs. Anna Faltus. We owe a special debt of gratitude to the late Mrs. Faltus, who worked tirelessly for decades as an advocate for a free Czechoslovakia. To this end, she made sure that the documents of Charter 77 and the Committee for the Defense of the Unjustly Persecuted were quickly translated and widely disseminated to policy makers and human rights advocates. Her effort made it possible for the Helsinki Commission to publish (in 1982 and in 1987) selected and representatives texts of the Charter 77 movement. Looking back, the breadth of those documents is truly remarkably, touching on everything from the legacy of World War II to the country's economic situation; from contemporary music to nuclear energy. But the common thread that bound these diverse statements together was a commitment to promote and protect “the right of the individual to know and act upon his rights.” This right was freely adopted by the Czechoslovak Socialist Republic when Gustav Husak fixed his signature to the Helsinki Final Act in 1975. It was, of course, with great interest that I discussed Charter 77 , first with Czechoslovak officials during my February 1987 trip to Prague, then with Czechoslovak parliamentarians visiting Washington in June 1988 (a delegation which included Prague Communist Party boss Miroslav Stepan), and then with the Czechoslovak delegation to the 1989 Paris Meeting of the Conference on the Human Dimension. In these meetings, as well as in correspondence with the Czechoslovak Ambassador to the United, I was told that Charter 77 didn't represent public opinion. I was warned that siding with Charter 77 would not help bilateral relations, and I was assured that democracy was coming soon to Czechoslovakia – “socialist democracy.” Needless to say, I was not convinced by my interlocutors: I was not convinced that Augustin Navratil was actually being treated for a mental health condition, rather than being persecuted for his religious activism. I was frankly disgusted when the Czechoslovak delegation to the Paris meeting baldly lied about Jiri Wolf, telling us he had been released early from his prison sentence as a “humanitarian” gesture, and then shrugging with indifference when they were caught in their lie. Most of all, I did not believe that Vaclav Havel was a criminal and Charter 77 merely an “insignificant” group. In fact, in 1989 Senator Dennis DeConcini and I nominated Vaclav Havel for the Nobel Peace Prize. As Senator DeConcini said, “[i]n spite of relentless harassment by the authorities, including imprisonment, repeated detentions, house searches, and confiscation of property, Havel has remained active in the struggle for human rights. . . Havel is now in prison, but he is not alone in his cause. In a dramatic move. . . over 700 of his colleagues – playwrights, producers, artists, and actors – signed a petition calling for his release and the release of others [similarly imprisoned]. For these people, like many others in his country, Vaclav Havel has become a symbol of an enduring and selfless commitment to human rights.” Madam Speaker, on this 30th anniversary of the founding of the Charter 77 movement, I rise to commend and remember the courageous men and women, signatories and supporters, who paved the way for the peaceful transition from communism in Czechoslovakia and restoration of Europe, whole and free. On this anniversary, I give special tribute to Vaclav Havel, playwright and president, and his singular role in leading his country to freedom. IN HONOR OF VACLAV HAVEL AND THE 30TH ANNIVERSARY OF CHARTER 77 HON. CHRISTOPHER H. SMITH OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Tuesday, February 27, 2007 Mr. SMITH of New Jersey. Madam Speaker, Edmund Burke once said that, “all it takes for evil to triumph is for good men to do nothing.” Thirty years ago, good men and women came together, and together, they ultimately triumphed over evil. In 1987, I traveled to Czechoslovakia with a Helsinki Commission delegation led by my good friend, STENY HOYER, who was then Chairman of the Commission. We traveled there just ten years after the Charter 77 movement had been formed and, amazingly, in spite of persecution and imprisonment, they had managed to publish 350 documents during its first ten years. And it was clear during my visit to Prague that this organization was having an impact, especially when the communist authorities went to the trouble of preventing five independent activists, including Vaclav Havel, from meeting with us. In spite of this, our delegation was able to meet with several other Charter 77 signatories and sympathizers: Libuse Silhanova, Josef Vohryzek, Father Vaclav Maly, Zdenek Urbanek, and Rita Klimova. Libuse Silhanova, then serving as a Charter 77 spokesperson, described her fellow Chartists as ``ordinary people who happen to be part of a movement.'' For a group of ``ordinary people,'' they certainly accomplished extraordinary things. One of the most notable of these “ordinary people” was the playwright Vaclav Havel, who is today the sole surviving member of Charter 77’s first three spokespersons. At a time when most Czechoslovaks preferred to keep their heads low, he held his up. When others dared not speak out, he raised up his voice. While others hid from communism in their apartments and weekend cottages, he faced it down in prison. In 1978, Havel wrote a seminal essay entitled, “The Power of the Powerless.” In it, he proposed a remarkably conspiratorial concept: the idea that those repressed by the Communist Lie actually had the power to “live for truth,” and that by doing so, they could change the world in which they live. One of the people who read this essay was Zbygniew Bujak, who became a leading Solidarity activist in Poland. Bujak described the impact of Havel's message: This essay reached us in the Ursus factory in 1979 at a point when we felt we were at the end of the road. Inspired by KOR [the Polish Workers' Defense Committee, which preceded Solidarity], we had been speaking on the shop floor, talking to people, participating in public meetings, trying to speak the truth about the factory, the country, and politics. There came a moment when people thought we were crazy. Why were we doing this? Why were we taking such risks? Not seeing any immediate and tangible results, we began to doubt the purposefulness of what we were doing. Shouldn't we be coming up with other methods, other ways? Then came the essay by Havel. Reading it gave us the theoretical underpinnings for our activity. It maintained our spirits; we did not give up, and a year later – in August 1980 – it became clear that the party apparatus and the factory management were afraid of us. We mattered. And the rank and file saw us as leaders of the movement. When I look at the victories of Solidarity, and of Charter 77, I see in them an astonishing fulfillment of the prophecies and knowledge contained in Havel’s essay. Vaclav Havel’s essay was not just the product of clever wordsmithing; it was an act of singular heroism. In fact, shortly after writing “The Power of the Powerless,” Vaclav Havel found himself in prison, again. And it should be remembered that others, including philosopher Jan Patocka, Havel's close friend, and Pavel Wonka, paid with their lives for their opposition to the Czechoslovak communist regime. Vaclav Havel is a man who has always been guided by the courage of his convictions. Remarkably, his courage did not fade upon his assumption of the presidency. Indeed, he is all the more heroic for his steadfast commitment to human rights even from the Prague Castle. From the beginning, he was a voice of reason, not revenge, as he addressed his country's communist and totalitarian past. In 1993, he rightly identified the situation of Roma as “a litmus test for civil society.” And not only has he raised human rights issues in his own country but reminds the world of the abuses taking place in Cuba and China. Throughout his presidency, he pardoned those faced with criminal charges under communist-era laws that restrict free speech. In 2001, he spoke out against the parliament's regressive religion law, which turned the clock back on religious freedom. And he has reminded other world leaders of our shared responsibility for the poor and less fortunate the world over. On the occasion of the 30th anniversary of the founding of Charter 77, I want to join my colleagues from the Helsinki Commission in honoring Vaclav Havel and all the men and women who signed the Charter, who supported its goals, and who helped bring democracy to Czechoslovakia. IN HONOR OF VACLAV HAVEL SENATOR SAM BROWNBACK OF KANSAS IN THE SENATE March 07, 2007 Mr. BROWNBACK. Mr. President, today I wish to join my colleagues from the Helsinki Commission in commemorating the founding of the Charter 77 movement 30 years ago, and praising Vaclav Havel, one of Charter 77’s first spokesmen and the first post-Communist President of Czechoslovakia. Many aspects of Vaclav Havel’s biography are well known. His advanced formal education was limited by the Communist regime because of his family's pre-World War II cultural and economic status. By the 1960s, he was working in theater and writing plays. But by 1969, the Communist regime had deemed him “subversive,” and his passport was confiscated. In 1977, he took the daring step of joining two others – Jan Patocka and Jiri Hajek – in becoming the first spokesmen for the newly established “Charter 77” movement. This group sought to compel the Czechoslovak Government to abide by the international human rights commitments it had freely undertaken, including the Helsinki Final Act. In the 1970s and 1980s, Vaclav Havel was repeatedly imprisoned because of his human rights work. His longest period of imprisonment was 4 1/2 years, 1979-1983, for subversion. After this, Havel was given the opportunity to emigrate but, courageously, he chose to stay in Czechoslovakia. By February 1989, Havel had come to symbolize a growing human rights and democratic movement in Czechoslovakia and, that year, the Helsinki Commission nominated him for the Nobel Peace Prize. Remarkably, in November 1989, the repressive machinery of the Communist regime – a regime that for five decades had persecuted and even murdered its own citizens – collapsed in what has come to be known as the “Velvet Revolution.” To understand just how repressive the former regime was – and therefore how stunning its seemingly sudden demise was – it may be instructive to recall the first measures of the post-Communist leadership, introduced in the heady days of late 1989 and early 1990. First and foremost, all known political prisoners were released. Marxism-Leninism was removed as a required course from all school curricula. Borders were opened for thousands of people who had previously been prohibited from traveling freely. Control over the People's Militia was transferred from the party to the Government. The Federal Assembly passed a resolution condemning the 1968 Soviet-led invasion of Czechoslovakia. Approximately 40 Ambassadors representing the Czechoslovak Communist regime were recalled. Newly appointed Foreign Minister Jiri Dienstbier announced that the “temporary” 1968 agreement allowing Soviet troops to remain in Czechoslovakia was invalid because it was agreed to under duress and that Soviet troops would withdraw from the country. The Politburo announced it would end the nomenklatura system of reserving certain jobs for party functionaries. The secret police was abolished. Alexander Dubcek, leader of the 1968 Prague Spring, was elected Chairman of the Federal Assembly on December 28 and, a day later, Vaclav Havel was voted to replace Gustav Husak. In February 1990, Vaclav Havel addressed a joint session of Congress. Charter 77 paved the way for all of these things, and more: for Czechoslovakia's first free and fair elections since 1946, for the normalization of trade relations between our two countries, and for the Czech Republic's accession to NATO. Not surprisingly, the work of Charter 77 continues to inspire, as is evidenced by the adoption of the name “Charter 97” by human rights activists in Belarus, who are still working to bring to their own country a measure of democracy and respect for human rights that Czechs have now enjoyed for some years. I am therefore pleased to recognize the 30th anniversary of the Charter 77 movement and to join others in honoring Vaclav Havel who remains, to this day, the conscience of the global community.

  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • OSCE Ministers Urge Concerted Action to Combat Sexual Exploitation of Children

    By Ron McNamara, International Policy Director Foreign Ministers from the 56-nation Organization for Security and Cooperation in Europe approved a major initiative on combating a wide range of sexually exploitative crimes against children, including prostitution, child pornography, trafficking in children for sexual exploitation, sex tourism and forced marriages of children. A collaborative effort spearheaded by the United States, Belgium and France, the decision was unanimously agreed in recognition “that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime that must be prevented, investigated, prosecuted and penalized with all available means.” The decision, taken during the annual Ministerial Council meeting, held in Brussels, provides political impetus to enhance cooperation among law enforcement agencies throughout the OSCE region. The statement issued by the Council condemns the sexual exploitation of children in all its forms, urging the participating States to conform their legislation on this subject to their relevant international commitments and obligations. Progress in strengthening the legal framework to combat these forms of abuse and close existing gaps is viewed by experts as essential to effective action by law enforcement, especially as these crimes often involve entities in numerous countries. The need for greater uniformity in relevant laws was made clear in a comprehensive report, Child Pornography: Model Legislation & Global Review, issued in 2006 by the International Centre for Missing & Exploited Children in cooperation with Interpol. Surveying laws in 184 Interpol member countries, the report found that more than half of these countries (95) had no laws addressing child pornography and, in many other countries, the existing laws were inadequate. Among OSCE countries, the report found that six countries lacked any laws criminalizing any aspect of child pornography, with 32 countries lacking any legal definition of child pornography. Sixteen OSCE countries have failed to make the possession of child pornography a crime and 20 lack laws criminalizing the distribution of child pornography via computer and the Internet. Fifty OSCE countries do not require Internet Service Providers (ISPs) to report suspected child pornography to law enforcement. To date, Belgium, France and the United States are the only OSCE countries to have enacted comprehensive laws addressing all five areas analyzed in the report. The Ministers drew particular attention to the role played by new technologies, including the Internet, in facilitating the sexual exploitation of children, in an industry with revenues in the billions of dollars each year. States were urged to take a holistic approach toward the problem of sexual exploitation of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children. OSCE countries were encouraged to develop compatible and exchangeable data registration systems specific to the sexual exploitation of children as well as create telephone or Internet hotlines as a resource for victims and their families. They were likewise urged to work with ISPs, credit card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported. In addition, the Ministerial decision included a series of specific recommendations for further action by the participating States, many aimed at strengthening the tools available to law enforcement, including adoption of legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country. OSCE States were urged to aggressively prosecute the sexual exploitation of children and impose tough penalties on offenders perpetrating such crimes. The Council recommended the establishment of training programs concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education. Similarly, Ministers called for countries to facilitate legal protection, assistance, appropriate medical care, and rehabilitation and reintegration programs for child victims of sexual exploitation as well as efforts for the safe return of trafficked children. The OSCE, as an organization, was encouraged to pay increased attention to these issues, including the links to trafficking in persons, and to cooperate with other international organizations, NGOs and civil society in combating the sexual exploitation of children. The Brussels Ministerial decision on sexual exploitation of children originated, in large part, from a resolution sponsored by Commission Co-Chairman Rep. Christopher H. Smith and managed by Commissioner Rep. Joseph R. Pitts during the Annual Session of the OSCE Parliamentary Assembly convened in the Belgian capital in July 2006. That proposal, “Combating Trafficking and the Exploitation of Children in Pornography,” was overwhelmingly approved by parliamentarians from the participating States. A Helsinki Commission hearing, “Protecting Children: The Battle Against Child Pornography and Other Forms Of Sexual Exploitation” was held on September 27, 2006, to assess the magnitude of abuse against children. In opening remarks, Co-Chairman Smith explained, “The anti-trafficking efforts have convinced me that combating sexual exploitation of children in all of its forms requires even more comprehensive laws, as well as effective partnerships between local, state, and federal law enforcement, and the nongovernmental communities at all levels, and that includes international.” Smith noted strong indicators that those captivated by pornography are more likely to become predators and purveyors themselves, further feeding the cycle. As with other addictive behaviors, these individuals are often driven into more extreme acts of preying on younger victims or employing violence. He observed that organized crime, including gangs, also appears to be venturing further into the lucrative trade in children. As a result, global criminal networks are springing up, further complicating efforts to prosecute those responsible for these horrendous crimes against children. James E. Finch, assistant director of the Cyber Division of the FBI discussed the Bureau’s efforts to combat the sexual exploitation of children through the use of the Internet and promote closer cooperation with foreign law enforcement agencies. James Plitt, the unit chief of the Cyber Crimes Center of the Immigration and Customs Enforcement stressed “that the issue of child exploitation is enormous and multidimensional. Furthermore, any potential solution to this issue must be multidimensional….collectively, we need to understand the challenge we face, and we need to understand the trends, techniques and vulnerabilities of those engaged in international criminal business enterprises,” he concluded. On the question of limited resources, Plitt noted, “If we had triple the investigative resources, we would still have investigative leads untouched.” Finch underscored the challenges faced by law enforcement given the relative ease and limited expense involved in setting up exploitative web sites. Commissioner Mike McIntyre urged greater partnership between law enforcement and the public to identify perpetrators of these crimes as well as aggressive investigation and prosecution of them. Linda Smith, founder of Shared Hope International and a former Member of Congress, presented the findings of the U.S. Mid-term Review on the Commercial Sexual Exploitation of Children in America, identifying five key issues which stand out as the most immediate and urgent needs to protect America's children: confront the demand side of exploitation; aggressively pursue those responsible for the online trafficking in children; ensure sufficient services for victims, especially shelter; expand cooperation between law enforcement agencies at all levels; and further strengthen Federal law. She made an impassioned call to decriminalize the prostituted minor, “What we've found was that these kids, when identified, are called prostitutes, and they're quickly moved into detention when they're found, treated like a criminal, and then, when released, put in a foster care system where they bleed out. We do not have child prostitutes. We have prostituted children.” With respect to pornography, she decried the marketing to recruit boys as clients as well as the explosion of pornographic images of children creating demand for direct sexual violation of children. Carol Smolenski, executive director of ECPAT-USA discussed multilateral efforts to more effectively combat the sexual exploitation of children. She cited demand and prevention as major of common concern as well as the need to keep pace with rapidly changing technologies. Commissioner Pitts voiced particular concern that law enforcement have the tools necessary to adapt to technological challenges. Turning to the role of organized crime and gangs in exploitation, Smolenski observed, “you'd be hard-pressed to talk to a service provider who has not found gang involvement with child prostitution these days…yes, gangs are definitely a part of it and a growing part of it.” Dr. Mohamed Mattar, executive director of the Protection Project at Johns Hopkins School of Advanced International Studies, touched on several positive developments in the fight against the sexual exploitation of children: expansion of criminal liability; extension of territorial jurisdiction; and enhancement of child protection, including the abolition of a statute of limitations. He welcomed Senate ratification of the Council of Europe Convention on Cybercrime of 2001. Mattar made a series of recommendations to enhance implementation of relevant U.S. law. He urged funding to back up U.S. efforts to prevent sex tourism, while citing laws in Sweden, Switzerland, and The Netherlands as particularly problematic. Dr. Mattar called for funding to support research on victims of child exploitation; establishing programs to expand state law enforcement officials' capabilities in prosecuting demand and providing services for victims; shifting the focus of the United States toward penalizing the purchaser of sexual services; and mobilizing countries to enact Internet laws that protect children from commercial sexual exploitation. Ernie Allen, chairman and chief executive officer of the National Center for Missing and Exploited Children and the International Center for Missing and Exploited Children, focused largely on commercial child pornography, a multibillion-dollar industry, stressing that children are plentiful and easily accessed; child pornography is easy and inexpensive to produce; there is a huge consumer market for it, making it enormously profitable; and, finally, historically there's been virtually no risk, far less risk than trading in drugs or guns. Allen presented his candid conclusion, “Most people don't understand what this problem really is; there's a real misconception. But what we are finding and what law enforcement is finding is that the victims are getting younger and the content, the images, are becoming more graphic and more violent. From the data on the hundreds of offenders who have been identified to date, we can report to you that 39 percent of those offenders had images of children between the ages of 3 and 5. And, 19 percent had images of children younger than 3 years old. This is not what America thinks it is.” Few of the world's nearly 200 countries, he pointed out, have any kind of meaningful system or capacity to adequately and effectively combat the sexual exploitation of children, especially through child pornography. Allen discussed his organizations work in training law enforcement officials around the world in the investigation of computer-facilitated crimes against children as well as initiatives to enlist the support of ISPs and leaders in the technology and banking industries in dismantling networks responsible for exploitation of children. He echoed calls for additional resources to aid law enforcement, including in the field of forensics. In response to a suggestion from Co-Chairman Smith that the United States push for an international form of Megan's Law aimed at sex offenders, Allen replied, “I agree 100 percent. I think it's absolutely appropriate. It's a prime opportunity for American leadership and the leadership of other countries on this issue. It's unbelievably important. These offenders are mobile…offenders from other countries come here, where we have no knowledge about their history or prior record.”

  • Tajikistan's Presidential Election Falls Short

    By Kyle Parker and Knox Thames On November 6, 2006, Tajikistan held its fourth presidential election, in which incumbent President Emomali Rahmonov easily won over four other competitors. The conduct of the campaign and the Election Day itself provided the international community with an opportunity to gauge Tajikistan’s commitment to democratization – the result was a mixed picture that displayed fundamental problems that must be addressed before Tajikistan can meet OSCE standards of free and fair elections. The final results released by the Central Commission for Election and Referenda (CCER) of Tajikistan showed that President Rahmonov defeated four other candidates with 79 percent of the vote, based on approximately 3 million ballots representing 91 percent of the electorate. The nearest competitor garnered just over five percent. The OSCE’s Election Observation Mission (EOM) reported in its preliminary findings that the elections “did not fully test democratic electoral practices… due to a lack of genuine choice and meaningful pluralism,” and concluded that “the election process also revealed substantial shortcomings.” Tajikistan in Context Tajikistan is located at the heart of the ancient Silk Road traversing the Eurasian landmass, bordering Afghanistan, China, Uzbekistan, and Kyrgyzstan. With about seven million people, Tajikistan has a young, growing population that is largely Sunni Muslim and speaks Tajik, a language closely related to Farsi. Tajikistan has one of the lowest GDP’s of the former Soviet republics; up to one million Tajik citizens are migrant workers abroad, mostly in the Russian Federation. Landlocked and home to the tallest mountains in the post-Soviet space, Tajikistan possesses abundant fresh water resources from glacial runoff. However, only six percent of Tajikistan is arable. Tajikistan also hosts one of the largest and most polluting aluminum smelters in the world. Additionally, since the fall of the Taliban in neighboring Afghanistan in 2001, the cross-border drug trade has dramatically increased, fueling corruption, drug addiction, and HIV/AIDS among the local population. Following the dissolution of the USSR, Tajikistan was the only former Soviet republic to experience a protracted civil war that claimed the lives of at least 40,000 people and displaced nearly a million. Despite extreme poverty, the country has made notable gains since the peace agreement signed almost 10 years ago that ended the civil war. The accord created a power-sharing agreement among the warring parties, including the only legal Islamic party in post-Soviet Central Asia. President Rahmonov was first elected in 1994 and re-elected in 1999. The Constitution of Tajikistan sets a presidential term of office at seven years. In 2003, a referendum amended the constitution to limit the number of consecutive terms an individual could be elected president to two, but allowed him to run again. As a result, President Rahmonov may seek another term in 2013, potentially serving until 2020. Pre-Election Climate As elsewhere in Central Asia, Tajikistan’s political system features top-down rule by the president, whose control of the state apparatus and state-run media greatly enhance his privileged position in any election. Pre-election decrees by the CCER did address some inequities in the election system, and the government provided opposition parties free air time on state television. However, the ability of independent media outlets to operate freely was restricted. And while multiple candidates did participate, the major opposition leaders experienced significant harassment from authorities and did not or could not run. For instance, Muhammadruzi Iskandarov, the former head of the Democratic Party, was sentenced to 23 years in prison in October 2005 under questionable circumstances. This year, authorities repeatedly threatened criminal penalties against the Chairman of the Socialist Democratic Party, Rahmatullo Zoyirov, for statements made regarding the number of alleged political prisoners in Tajikistan. Before his death in August, charges of slander were brought against the late Said Abdullo Nuri, Chairman of the Islamic Renaissance Party, who was arguably the only opposition presidential candidate with a national following. Of these three parties, only the anti-Iskandarov “Vatan” faction of the Democratic Party entered a candidate. Their bid was unsuccessful, as they could not obtain the necessary petition signatures in time to qualify for ballot inclusion. The CCER registered five candidates out of six nominees who submitted signatures for the election: Olimjon Boboev (Party of Economic Reform of Tajikistan); Abdukhalim Gaffarov (Socialist Party); Amir Karakulov (Agrarian Party); Emomali Rahmonov (Peoples’ Democratic Party of Tajikistan); and Ismoil Talbakov (Communist Party of Tajikistan). To run, candidates had to collect signatures representing five percent of registered voters, or approximately 160,000 names. Individuals could not sign more than one petition, and yet remarkably, the six applicants reportedly collected over 1.5 million signatures, equaling roughly half of the electorate in just 20 days. Considering that the pro-government Agrarian and the Economic Reform Parties were both established this year, their ability to set up a network to collect the required signatures was remarkable and implausible. Although roughly one of every two voters signed a petition (based on the claims of the parties), Commission staff did not meet any individual voter who had signed a petition nor did staff hear of any other OSCE observer that met a voter who also signed a petition. Each candidate had up to 30 minutes of free air time on state television and radio. Nevertheless, the OSCE EOM described the campaign period as “largely invisible,” with party platforms that were “similar,” and concluded that “none of the four candidates running against the incumbent offered a credible political alternative.” Furthermore, there was “little media coverage of the election campaign and a high media profile of the incumbent, raising doubts whether voters received sufficient information to make an informed choice.” Violations on Election Day The November 6 election was the first presidential election in Tajikistan observed by the OSCE, as minimum conditions for democratic elections were not in place for previous presidential contests. The EOM deployed 12 experts and 13 long-term observers to the capital city of Dushanbe and five other cities. The Mission was headed by Mr. Onno van der Wind of the Netherlands. Mr. Kimmo Kiljunen, a parliamentarian from Finland, led the observation delegation from the OSCE Parliamentary Assembly, which was integrated into the EOM. On Election Day, the EOM deployed 123 short-term observers representing 31 OSCE participating States. OSCE observers visited approximately 500 of 3,042 polling stations throughout Tajikistan and observed the closing procedures and tabulations in 47 District Election Commissions. Helsinki Commission staff members were accredited as OSCE observers and visited 15 polling stations in the Dushanbe area, ranging from large urban stations to smaller semi-suburban stations and two military precincts. They witnessed the opening and closing of a polling station, as well as tabulation at the District Electoral Commission level. Commission staff witnessed some type of violation in approximately three quarters of the polling stations visited. The most common problem was the appearance of identical signatures on the voter registry, possibly indicating proxy voting. However, proxy voting was only witnessed in one station. Family voting was widespread. In the vast majority of precincts, ballot boxes were not adequately sealed, but there was no visible evidence of tampering. There were no observed instances of voters being denied the opportunity to cast a ballot, nor were any such complaints raised with Commission staff. Commission staff did encounter teams of observers accredited by the Commonwealth of Independent States (CIS), the Russian Federation, and the People’s Republic of China. None of these teams appeared to operate under any kind of election observation methodology, in clear contrast to OSCE observers. As in past elections, the CIS observers drew starkly different conclusions about the electoral conditions than the conclusions of the OSCE EOM. Of the irregularities observed throughout the day, none appeared to be deliberate attempts to skew the final tally in favor of, or against any particular candidate. The infractions appeared to stem from a lack of proper training, old Soviet habits, and/or a general lackadaisical attitude to what was largely seen as an exercise with a foregone conclusion. Still, the vote count monitored by Commission staff at polling station 10 in Dushanbe’s Second District raised questions about the motives of the precinct workers, who appeared determined not to allow a credible observation. Initially, Commission staff were not permitted to enter the station. Once inside, they were not allowed to come within 15 feet of the table where election officials were counting the ballots. In addition, election officials stood in such a way as to block observers from having any view of the tabulations. Precinct staff did not follow closing procedures – counting the blank ballots last rather than first; results were not entered into the protocol as they were established, but rather at the end of the entire count. Staff questions about these concerns directed to the Precinct Election Commission head were unsatisfactorily answered. The EOM preliminary report echoed these findings. Of the polling stations visited by OSCE observers, proxy voting was cited in 19 percent of the stations and identical signatures were observed in 49 percent of the stations. The report cited incidents of security officials interfering in the work of the observers. In addition, the report found that “counting procedures necessary to ensure integrity and transparency of the process were generally not followed.” The report did note some areas of progress, such as the peaceful nature of the voting; CCER training for electoral commissions; provision of free air time for candidates; voter education efforts; ballots in multiple languages; and the availability of polling stations abroad. However, the EOM report concluded that overall the election “did not fully test democratic electoral practices” because of a “lack of genuine choice and meaningful pluralism.” The findings went on to state that “the election was characterized by a marked absence of real competition. Parties that determined themselves as political opposition to the incumbent chose not to contest the election. Thus, voters were presented with a choice that was only nominal.” Other issues of concern were: significant shortcomings in the election legislation; lack of transparency by the CCER; a government-controlled media environment; and an unusually high signature threshold for candidate participation. Post-Election Tajikistan The outcome of Tajikistan’s presidential contest was never in doubt – the only question was whether President Rahmonov’s final tally would be in the 80th percentile (as in Kyrgyzstan last July) or the 90th percentile (typical for Turkmenistan and Uzbekistan, and recently equaled in Kazakhstan). By that standard, the 79 percent that Rahmonov received could be considered modest for Central Asia. Nevertheless, the international community was able to assess Tajikistan’s commitment to democratization through its conduct before and during the election. Overall, the campaign and election presented a mixed, but generally frustrating, picture – while the electoral code reform, the lack of Election Day violence, and the participation of multiple candidates was positive, the prevalence of irregularities and the intimidation or arrest of major opposition leaders call into question President Rahmonov’s commitment to democratic reform. Although there was little question he would win a fair contest, the deck was carefully stacked anyway. Problems with Tajikistan’s electoral conduct are not new, as the OSCE observed their 2000 and 2005 parliamentary elections and found significant violations in both. The conclusions of the 2000 observation mission stated that Tajikistan must do more to “meet the minimum democratic standards for equal, fair, free, secret, transparent and accountable elections.” Despite OSCE engagement in the pre-election period last year, the 2005 parliamentary elections remained problematic, with the OSCE mission stating they “failed to meet many key OSCE commitments and other international standards for democratic elections.” Against that background, the 2006 presidential election was disappointing for not having achieved more and deeper systemic reforms. President Rahmonov, now safely reelected, has consolidated his position. The next real test of his commitment to electoral reform will be the 2010 parliamentary election, specifically, whether independent opposition parties can operate and organize freely. Many observers believe that the electorate’s vivid memory of the civil war has created an appreciation for the stability he represents, despite the country’s democratic shortcomings. However, 60 percent of the population is reportedly under 35 years old and if serious democratic reforms are not entrenched, and the 2010 parliamentary election again falls short of international standards, the political gains achieved since the end of the war may be jeopardized. As Rakhmonov begins a new seven-year term of office, it is critical that reform efforts move forward. A good sense of his government’s direction could come early in his new administration, if problematic draft NGO or religion laws, are reintroduced, since previous versions fell short of OSCE commitments. In addition, continued governmental efforts to close or harass independent media outlets will also indicate whether old policies will hold sway during the new term of office. Conclusion The United States should continue to find ways to help this impoverished nation develop economically and democratically, lending assistance when appropriate, while continuing to hold Tajikistani authorities to the OSCE commitments they freely undertook. The United States would do well to continue to actively encourage those laboring for a stable and open society in this country that has the potential to be a key partner in battling regional threats to U.S. interests. In addition, the growth of democracy and respect for human rights would enable Washington and Dushanbe to deepen their engagement, while cementing the stability and progress achieved in Tajikistan.

  • The Sterilization Investigation in the Czech Republic

    This briefing addressed the policy pursued by the Czechoslovak Government during the 1970s and 1980s to reduce the birthrate of Roma by targeting some Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s, in both the Czech Republic and Slovakia. The Commission expressed concern over this issue, especially in light of the head of the Slovak Nationalist Party calling for the restriction of the birth rate of Roman as recently as February of 2006. Gwendolyn Albert, Director of the League of Human Rights in Prague, presented testimony on the League’s efforts to secure justice for ethnic Romani women living in the Czech Republic who were coercively sterilized. This issue was presented in the context of overall human rights violations committed against the Romani minority in the Czech Republic, ranging from racially motivated murder to discrimination in employment and housing.

  • Helsinki Commission Report Describes Investigations Into Wrongful Sterilizations in Slovakia and Czech Republic

    A United States Helsinki Commission staff report released today describes investigations into the practice of sterilizing Romani women without informed consent in Slovakia and the Czech Republic. The report describes an investigation by the Czech Public Defender of Rights as an “unflinching examination” of “highly sensitive issues.” An investigation of the same issue by the Slovak Government was “marred by numerous shortcomings and insufficient follow up.” During the 1970s and 1980s, the Czechoslovak Government pursued a policy aimed at reducing the birthrate of Roma, including by targeting Romani women for sterilization. Although it was generally assumed that the practice of sterilizing Romani women without their consent had stopped after the fall of communism, allegations that this practice had not definitively ended persisted throughout the 1990s in both the Czech Republic and Slovakia. Slovakia investigated allegations regarding sterilization in 2003, and questions continue to be raised about this matter at international fora. The Czech Public Defender of Rights issued a report on December 23, 2005, confirming that some women had been sterilized without informed consent. “I commend the Czech Public Defender of Rights for his courageous and principled investigation into this sensitive issue,” said Commission Chairman Senator Sam Brownback (R-KS), “and I call on the next Czech Government to move quickly to act on his recommendations.” “Unfortunately,” added Commission Co-Chairman Rep. Christopher H. Smith (R-NJ), “Slovakia has yet to admit that this terrible practice occurred, despite clear evidence to the contrary. I urge the Slovak Government to acknowledge that some Roma women were sterilized without their consent and to ensure that women are given proper access to their own medical records.” The report states, “[T]he Slovak Government has failed to demonstrate any compassion for women and girls who were sterilized without their consent and deprived of the opportunity to bear children again. By treating their claims as lies, the government has effectively treated these victims as liars, and compounded their original injury with this indignity. If the Slovak Government is to counter the endemic prejudice faced by its most marginalized minority, it must acknowledge the fact – and state it publicly – that wrongful sterilizations of Romani women did occur.” Recent parliamentary elections in Slovakia are cited in the report as a potential hindrance to progress on this issue. Slovak parliamentary elections were held on June 17, and those elections produced a coalition government that includes the extremist Slovak National Party. As recently as February 2006, Jan Slota, head of the Slovak National Party, stated that if his party joined the government after the June elections, he would seek to control the birth rate of “unadapted” Roma. The report is available through the Helsinki Commission's web site at www.csce.gov. The Commission will examine the issue in more detail during a briefing featuring Ms. Gwendolyn Albert, Director of the League of Human Rights in Prague, that will be held on August 15, 2006, at 2:00 PM in Room 2255 of the Rayburn House Office Building.

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