40th Anniversary of the U.S. Helsinki CommissionThursday, May 26, 2016
Mr. CARDIN. Mr. President, on June 3, 1976, U.S. President Gerald Ford signed into law a bill establishing the Commission on Security and Cooperation in Europe, more commonly known as the U.S. Helsinki Commission. I bring this 40th anniversary next week to my colleagues’ attention today because the commission has played a particularly significant role in U.S. foreign policy. First, the commission provided the U.S. Congress with a direct role in the policymaking process. Members and staff of the commission have been integrated into official U.S. delegations to meetings and conferences of what is historically known as the Helsinki Process. The Helsinki Process started as an ongoing multilateral conference on security and cooperation in Europe that is manifested today in the 57- country, Vienna-based Organization for Security and Cooperation in Europe, or OSCE. As elected officials, our ideas reflecting the interests of concerned American citizens are better represented in U.S. diplomacy as a result of the commission. There is no other country that has a comparable body, reflecting the singular role of our legislature as a separate branch of government in the conduct of foreign policy. The commission’s long-term commitment to this effort has resulted in a valuable institutional memory and expertise in European policy possessed by few others in the U.S. foreign affairs community. Second, the commission was part of a larger effort since the late 1970s to enhance consideration of human rights as an element in U.S. foreign policy decision-making. Representatives Millicent Fenwick of New Jersey and Dante Fascell of Florida created the commission as a vehicle to ensure that human rights violations raised by dissident groups in the Soviet Union and the Communist countries of Eastern Europe were no longer ignored in U.S. policy. In keeping with the Helsinki Final Act’s comprehensive definition of security—which includes respect for human rights and fundamental freedoms as a principle guiding relations between states—we have reviewed the records of all participating countries, including our own and those of our friends and allies. From its Cold War origins, the Helsinki Commission adapted well to changing circumstances, new challenges, and new opportunities. It has done much to ensure U.S. support for democratic development in East-Central Europe and continues to push for greater respect for human rights in Russia and the countries of the Caucasus and Central Asia. The Commission has participated in the debates of the 1990s on how the United States should respond to conflicts in the Balkans, particularly Bosnia and Kosovo and elsewhere, and does the same today in regard to Russia’s aggression towards Ukraine. It has pushed U.S. policy to take action to combat trafficking in persons, anti- Semitism and racism, and intolerance and corruption, as well as other problems which are not confined to one country’s borders. The Helsinki Commission has succeeded in large part due to its leadership. From the House, the commission has been chaired by Representatives Dante Fascell of Florida, my good friend STENY HOYER of Maryland, the current chairman, CHRISTOPHER SMITH of New Jersey, and ALCEE HASTINGS of Florida. From this Chamber, we have had Senators Alfonse D’Amato of New York, Dennis DeConcini of Arizona, Ben Nighthorse Campbell of Colorado, Sam Brownback of Kansas and today’s cochairman, ROGER WICKER of Mississippi. I had the honor, myself, to chair the Helsinki Commission from 2007 to 2015. That time, and all my service on the commission, from 1993 to the present, has been enormously rewarding. I think it is important to mention that the hard work we do on the Helsinki Commission is not a job requirement for a Member of Congress. Rather than being a responsibility, it is something many of us choose to do because it is rewarding to secure the release of a longtime political prisoner, to reunify a family, to observe elections in a country eager to learn the meaning of democracy for the first time, to enable individuals to worship in accordance with their faiths, to know that policies we advocated have meant increased freedom for millions of individuals in numerous countries, and to present the United States as a force for positive change in this world. Several of us have gone beyond our responsibilities on the commission to participate in the leadership of the OSCE Parliamentary Assembly. Representative HASTINGS served for 2 years as assembly president, while Representative HOYER, Representative ROBERT ADERHOLT of Alabama, and I have served as vice presidents. Senator WICKER currently serves as chairman of the assembly’s security committee. Representative Hilda Solis of California had served as a committee chair and special representative on the critical issue of migration. Today, Representative SMITH serves as a special representative on the similarly critical issue of human trafficking, while I serve as special representative on anti-Semitism, racism, and intolerance. Our engagement in this activity as elected Members of Congress reflects the deep, genuine commitment of our country to security and cooperation in Europe, and this rebounds to the enormous benefit of our country. Our friends and allies appreciate our engagement, and those with whom we have a more adversarial relationship are kept in check by our engagement. I hope my colleagues would consider this point today, especially during a time when foreign travel is not strongly encouraged and sometimes actively discouraged. Finally, let me say a few words about the Helsinki Commission staff, both past and present. The staff represents an enormous pool of talent. They have a combination of diplomatic skills, regional expertise, and foreign language capacity that has allowed the Members of Congress serving on the commission to be so successful. Many of them deserve mention here, but I must mention Spencer Oliver, the first chief of staff, who set the commission’s precedents from the very start. Spencer went on to create almost an equivalent of the commission at the international level with the OSCE Parliamentary Assembly. One of his early hires and an eventual successor was Sam Wise, whom I would consider to be one of the diplomatic heroes of the Cold War period for his contributions and leadership in the Helsinki Process. In closing, I again want to express my hope that my colleagues will consider the value of the Helsinki Commission’s work over the years, enhancing the congressional role in U.S. foreign policy and advocating for human rights as part of that policy. Indeed, the commission, like the Helsinki Process, has been considered a model that could be duplicated to handle challenges in other regions of the world. I also hope to see my colleagues increase their participation on Helsinki Commission delegations to the OSCE Parliamentary Assembly, as well as at Helsinki Commission hearings. For as much as the commission has accomplished in its four decades, there continues to be work to be done in its fifth, and the challenges ahead are no less than those of the past.
Helsinki Commission Leaders Welcome Savchenko Release; Urge Russia To Comply With Minsk AgreementsWednesday, May 25, 2016
WASHINGTON – Following today’s release of Ukrainian fighter pilot Nadiya Savchenko from prison in Russia, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Senator Roger Wicker (MS), Co-Chairman of the Commission, issued the following statement: “We welcome Nadiya’s long-overdue release, but we must not forget about other Ukrainian citizens unjustly imprisoned in Russia. We must also remember that Russia still occupies Crimea and continues its aggression in eastern Ukraine, bringing misery and suffering to millions of Ukrainians.” “Russia should honor the Minsk agreements – which it violates with impunity – if there is to be peaceful resolution to the conflict. Above all, Russia needs to get out of Ukraine.” Last September, the House passed a resolution calling for Savchenko’s release, which was strengthened by Chairman Smith’s amendment calling for the imposition of personal sanctions against individuals responsible for the imprisonment of Savchenko and other Ukrainian citizens illegally incarcerated in Russia. A resolution sponsored by Co-Chairman Wicker and Helsinki Commission Ranking Senate Commissioner Ben Cardin (MD) calling for her release passed the Senate in February 2015.
Helsinki Commission Leaders Welcome Release of Khadija IsmayilovaWednesday, May 25, 2016
WASHINGTON – Following today’s announcement that the Azerbaijani government has freed investigative journalist Khadija Ismayilova from prison, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Senator Roger Wicker (MS), Co-Chairman of the Commission, issued the following statement: “We welcome the release of Khadija Ismayilova from her unjust imprisonment. However, we call on the Government of Azerbaijan to drop all charges against her and reopen the RFE/RL Baku bureau. “Khadija’s case is not the only one in which Azerbaijan has used its judicial system to punish those who have voiced independent opinions. Others, like opposition leader Ilgar Mammadov, remain jailed for their efforts to promote human rights, the rule of law, and democracy. We salute their courage and once again urge the Government of Azerbaijan to live up to its OSCE commitments, ending its repression of the political opposition, journalists, and religious minorities.” Chairman Smith convened a December 2015 hearing on the plight of Ismayilova and her fellow prisoners of conscience in Azerbaijan. He is also the author of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. Chairman Smith has also spoken out on multiple occasions on behalf of Ismayilova and other political prisoners in Azerbaijan.
Combatting Corruption in Bosnia and HerzegovinaWednesday, May 25, 2016
Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end. The United States, which led that effort culminating in the Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe. Amid recent press reports on scandals involving various government officials; public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans. This hearing examined the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and looked at efforts by the United States and the international community, along with civil society, to combat it. It featured witnesses from OSCE, USAID, and from civil society. “Left unchecked, corruption will hinder Bosnia and Herzegovina’s integration into Europe and NATO,” said Helsinki Commission Co-Chair Roger Wicker (MS), “Twenty years after Dayton there is no excuse for corruption and the risk it brings to prosperity for future generations.” Last year, Senator Wicker and Senator Shaheen (NH) were among a presidential delegation sent to Bosnia to commemorate the 20th anniversary of the massacre at Srebrenica. And in November of that year, they introduced the Bosnia and Herzegovina-American Enterprise Fund Act to grow small- to medium-sized businesses. The United States has a long-standing and deep commitment to maintaining the sovereignty, stability, and recovery of Bosnia, while fostering future prosperity within the country. Senator Wicker has seen a lot of progress since he first visited Bosnia in 1995, but he called for even more to be done by Bosnian officials and the international community. The first witness was Ambassador Jonathan Moore, head of the OSCE Mission to Bosnia and Herzegovina, he spoke on various topics and outlined the OSCE’s goals and plans for Bosnia. Beyond ending corruption, the OSCE seeks to revitalize the lagging education system and to combat violent extremism. He emphasized the importance of transparency, “It is clear that simply having laws and institutions is not enough. Laws must be implemented and obeyed, and prosecutors and judges must do their jobs. Furthermore, old patterns of political patronage must stop.” The next witness was the Honorable Thomas Melia, assistant administrator at USAID for Europe and Eurasia, who reinforced Amb. Moore’s testimony, focusing the economic ramifications of corruption. “Corruption leads to a weakening of democratic institutions, economic decay by discouraging investment, increased inequality, and deprives states of the resources they need to advance their own development. In the wider European region, states weakened by corruption are also more susceptible to malign pressure and manipulation from Putin’s Russia, as any semblance of a rules-based order often seems to take a backseat to power, influence and greed.” The final two witnesses spoke of the bleak state of civil rights in Bosnia. Corruption has all but ended Bosnian citizens’ abilities to access justice, work out for a better life, and speak freely. Each of witnesses emphasized the need for further and tougher action; simply scolding officials is not enough. “Past experience shows that simply calling on leaders to undertake reforms and to take responsibility is not sufficient. Generating a genuine and articulated internal demand for reforms is key to achieving sustainable progress,” said Mr. Srdjan Blagovcanin, the third witness, is chairman of the board of the Bosnia Chapter of Transparency International. The final witness, Dr. Valery Perry, suggested that election reform was a necessary step to ending corruption in Bosnia. Co-Chairman Wicker was joined at the hearing by a panel of lawmakers including Commission Chairman Chris Smith (NJ-04), Senator Jeanne Shaheen, Representative Robert Aderholt (AL-04), and Representative Scott Perry (PA-04).
Chairman Smith Holds Hearing on Terrorist Threats to European Jewish CommunitiesTuesday, April 19, 2016
WASHINGTON— The growing risks to European Jewish communities and the actions that countries should take to address the threats faced by their Jewish citizens was the focus of a hearing of the Commission on Security and Cooperation in Europe (aka, Helsinki Commission) chaired today by Rep. Chris Smith (NJ-04). “The recent terrorist attacks in Brussels were reminders that Europeans of all religions and ethnicities are at risk from ISIS,” said Smith. “But there can be no European security without Jewish security. As we have seen so many times in so many places, violence against Jewish communities often foreshadows violence against other religious, ethnic, and national communities. ISIS especially hates the Jewish people and has instructed its followers to prioritize killing them. The group’s cronies targeted the Jewish Museum of Belgium in May 2014, the Paris kosher supermarket in January 2015, and the Great Synagogue in Copenhagen in February 2015, and murdered people in all of them.” Click here to read Chairman Smith’s opening statement. A number of other members of Congress spoke at the hearing, including Sen. Roger Wicker (MS), CSCE co-chairman, Rep. David Schweikert (AZ-06), Rep. Steve Cohen (TN-09), Rep. Alan Grayson (FL-09), and Rep. Randy Hultgren (IL-14). Rabbi Andrew Baker, Director of International Jewish Affairs at the American Jewish Congress, and the OSCE’s Personal Representative of the OSCE Chairperson, thanked Smith for the “pioneering work” he has done in identifying and addressing the problem of anti-Semitism in Europe, and pressing the United States government and European States and in mobilizing the OSCE to confront the “age-old scourge” of anti-Semitism. “One of the problems we have faced and we continue to face is that governments are slow to recognize the very problem itself, let alone to marshal the necessary resolve and expertise to confront it,” Baker testified. For the past two years, witnesses John J. Farmer, Jr., Rutgers University Professor of Law, has led an initiative at Rutgers designed to identify the best ways to protect vulnerable communities in light of the evolving threat. "We have worked with U.S. communities to develop what FBI officials have called an 'off-ramp' to radicalization," said Farmer. "This is a time of particular peril for the Jewish future in Europe, and it is incumbent upon us to do what we can to assure that future." Jonathan Biermann, Brussels attorney and elected city councilman, and a former political adviser to the President of the Belgian Senate, the Development Minister, and the Minister of Foreign Affairs, described the current atmosphere among Belgian Jews. “Community members are nowadays used to see Police, guards, military in front of Jewish buildings and schools,” Biermann said, recommending establishing Memorandums of Understanding as an important step. “Creating the tools to communicate amongst communities with the government will be considerably facilitated by the ‘See something Say something strategy,’”Beirmann said. “The collaboration with Law enforcement agencies has to be based on trust and confidence, in respect of international laws and rules protecting individual freedom, civil liberties and privacy.” Paul Goldenberg, a senior advisor to the U.S. Department of Homeland Security, serve on the Countering Violent Extremism Sub-Committee, Co-Chair the Foreign Fighter Task Force and Vice-Chair of the Faith-Based Advisory & Communications Sub-Committee. He also works with the Faith-Based Communities Security Program at Rutgers University. He is Executive Director of the Crisis Cell for the Belgian Jewish community “I have made countless trips in recent months overseas, traveling to multiple European cities,” Goldenberg said. “What we have seen, heard and learned has confirmed our initial hypothesis: while the levels of cooperation and partnerships between Jewish and other minority religious communities with their respective policing services–in many parts of Europe–is as diverse as the communities themselves, more work needs to be accomplished to move closer to a medium and standard of safety and security. While this presents distinct challenges, there is also hope. For much of what we have learned, innovated, tested and improved upon here in the United States, as well as in other progressive nations, can be imparted to, and replicated by, many of our partners.” Smith also chairs the Africa, Global Health, Global Human Rights and International Organizations subcommittee. Documents, video and other information about today’s CSCE hearing, will be posted here. In 2015, Smith held a hearing in, “After Paris and Copenhagen: Responding to the Rising Tide of Anti-Semitism,” on the crucial role of the U.S. and other participating States of the Organization for Security and Cooperation in Europe in battling anti-Semitism and called for strong American leadership.
Anticipating and Preventing Deadly Attacks on European Jewish CommunitiesTuesday, April 19, 2016
This hearing was organized in response to the growing number of violent anti-Semitic attacks (namely Belgium, Copenhagen and Paris credited to ISIS), and assessed what needed to be done - particularly by law enforcement agencies - to anticipate and prevent future attacks against the European Jewish communities. The threat to Jewish communities comes not only from Islamic militants, but also from Neo-Nazi groups across the continent, and from acts of anti-Zionists. The panelists expressed concern over the low levels of cooperation and consistency in government responses to this violence. Witnesses Rabbi Andrew Baker, Jonathan Biermann (from Brussels), John Farmer, Paul Goldenberg also discussed counter terrorism strategies and methods to improve security and cooperation. They suggested plans to further engage Muslim communities on integration and to gain their inside knowledge on “potential radicals.” This led to a debate on the “see something, say something” policy, with the Jewish community as pilots. The panelists debated whether the military could play a role in the implementation of this, or if it would be best to keep engagement solely with the local police. All agreed that collaboration with law enforcement agencies would have to be based on trust and confidence and be in respect of international laws and rules protecting individual freedom, civil liberties and privacy.
Helsinki Commission to Hold Hearing on the Prevention of Violent Anti-Semitic Attacks in EuropeTuesday, April 12, 2016
WASHINGTON – The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Anticipating and Preventing Deadly Attacks on European Jewish Communities” Tuesday, April 19 1:00 PM Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission Violent anti-Semitic attacks doubled in some European countries between 2014 and 2015 – in some others they quadrupled. ISIS has instructed its followers to prioritize targeting European Jewish sites and killing European Jewish people. The terrorists who attacked the Jewish Museum of Belgium, Great Synagogue in Copenhagen, and kosher supermarket in Paris, all claimed ISIS allegiance. In the wake of the recent terrorist bombings in Brussels, the hearing will focus on violent threats to European Jewish communities from the full range of groups and individuals, and what needs to be done – particularly by law enforcement agencies – to anticipate and prevent future attacks. It will also feature lessons from the partnerships between Jewish communities and law enforcement agencies that can help counter terrorism and improve security in European countries more broadly. Scheduled to testify: Rabbi Andrew Baker: Personal Representative of the OSCE Chairman-in-Office on Combating Anti-Semitism, and Director of International Jewish Affairs, American Jewish Committee Jonathan Biermann: Executive Director, crisis cell for the Belgian Jewish community John Farmer: Director, Faith-Based Communities Security Program, Rutgers University Paul Goldenberg: National Director, Secure Community Network
'Don't let Azerbaijan use political prisoners as props'Friday, April 01, 2016
The Washington Post Don’t let Azerbaijan use political prisoners as props By Khadija Ismayilova Khadija Ismayilova is an investigative journalist and contributor to Radio Free Europe/Radio Liberty’s Azerbaijani service. She has been imprisoned in Azerbaijan since December 2014. I am writing this letter from jail in Baku, Azerbaijan, where I’m serving a 7½ -year sentence for a crime I never committed. I am a journalist and my only “crime” was to investigate high-level corruption within the government and family of Azeri President Ilham Aliyev . Aliyev inherited power from his father in 2003 and changed the constitution in 2009 so he could stay in power indefinitely. He has been called an enemy of the press by international watchdogs, while abusing other fundamental freedoms and violating people’s right to truth and decency. Aliyev is in Washington this week to attend the Nuclear Security Summit that began Thursday. To get an invitation to this event from President Obama, he had to pardon several political prisoners. A lthough they have been released from jail, they remain confined within the country, barred from leaving, and justice has not been restored. This is a very costly invitation for Aliyev, who for years refused to accept international pressure or criticism on this issue. His response was, always, that Azerbaijan doesn’t have political prisoners. In December, Rep. Christopher H. Smith (R-N.J.) introduced the Azerbaijan Democracy Act to recognize Azerbaijan’s violations of human rights and freedoms and to hold individual officials accountable. It must pass. But why were some of the political prisoners suddenly set free? What has changed? Aliyev needed these prisoners so that in exchange for their release, he could shake hands with Obama or get a loan from the World Bank to finance his failing currency and crippled economy after the sudden fall of oil prices. Aliyev is shamelessly trying to use political prisoners as bargaining chips to advance his foreign policy agenda. And they are supposed to be happy that they were freed. I am happy — very happy — that some political prisoners have been released. But their fights, and mine, are not over. I am not a toy to be exchanged for diplomatic gain by Baku or Washington so that officials can continue to pretend that it is business as usual. We are hostages of the regime, whether we are inside or outside of prison. Freedom is my universal and constitutional right, and Aliyev failed to protect it as the head of state. I am not going to ask to be pardoned for a crime I never committed. I am free even now, in jail, and my freedom is not for sale. So President Obama, please ask President Aliyev to stop muzzling the independent media and civil society. Ask him to explain the billions of petrodollars wasted on white-elephant projects for the benefit of a few. Ask him when he is going to hold free and fair elections. Ask him when he is going to let all the political prisoners go free. Ask him when fundamental freedoms can become a right, in practice — not a gift that he can give or take away. I asked these questions, and I ended up in jail. These are important questions. They must not go unanswered. And we will fight until justice is fully served.
Smith Responds to the Release of Political Prisoners by AzerbaijanThursday, March 17, 2016
WASHINGTON—In response to the release of 14 political prisoners in Azerbaijan, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, made the following statement: “I am relieved to know that these wrongly-held prisoners will be home with their families soon, but I remain concerned about the plight of the many other prisoners in Azerbaijan who are being held on politically-motivated charges. Anar Mammadli, the founder of an independent election monitoring group, was released, but he should have never been in prison. There are many others who should be released as well, such as Khadija Ismayilova, Intigram Aliyev, Ilgar Mammadov. I respectfully request President Aliyev to not only release all political prisoners, but also repeal the many undemocratic laws and regulations that prohibit the exercise of universally-recognized human rights in Azerbaijan.” Human rights organizations estimate there are approximately 100 political prisoners in Azerbaijan. Despite the release of 14 prisoners today, there continue to be new arrests of journalists, bloggers and others who voice opinions the government deems critical. Chairman Smith is the sponsor of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced on December 16, 2015, to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections.
Germany’s Chairmanship of the OSCE: Priorities and ChallengesTuesday, March 01, 2016
At this hearing, the U.S. Helsinki Commission welcomed Germany’s Minister of Foreign Affairs, H.E. Frank-Walter Steinmeier, to discuss pressing issues in the OSCE region as Germany assumes the 2016 Chair-in-Office. Steinmeier began by honoring the historical connection between Germany and the institution of the OSCE. In his words, Germany would not forget the “instrumental work” of the Helsinki Commission and the “unequivocal support” of the U.S. in the reunification of the East and West. Steinmeier then introoduced the German theme for their chairmanship, "renewing dialogue, rebuilding trust, restoring security," and called for the return of strong cooperation with the application of OSCE commitments in the face of current conflicts, such as Russian aggression in Ukraine, terror and religious radicalism in the Middle East and Northern Africa, and the refugee crisis across Europe. Members included Chairman Rep. Christopher Smith, Co-Chairman Senator Roger Wicker, Commissioner, Senator Ben Cardin and Commissioner Rep. Joseph Pitts. Each raised their concerns, but in some instances also pressed Minister Steinmeier to take certain political action (e.g. to condemn the Azerbaijani government for unlawfully imprisoning journalist Khadija Ismayilova). Priorities were also set to advocate for freedom of the media, to fight against discrimination, racism, and intolerance, and to combat human trafficking. Both parties agreed that the year ahead would be challenging, but discussed strong policies to build a more peaceful, stable international system and to ensure comprehensive security.
German Foreign Minister to Testify at Helsinki Commission HearingThursday, February 25, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Germany’s Chairmanship of the OSCE: Priorities and Challenges” March 1, 2016 2: 00 PM Cannon House Office Building Room 334 Live Webcast:www.youtube.com/HelsinkiCommission Germany’s 2016 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) – the world’s largest regional security body – comes at a turbulent time. Russia’s aggression against Ukraine continues to have serious ramifications on pan-European security; the refugee crisis has exposed cracks in the European approach to migration; and some question the OSCE’s relevance and role in twenty-first century Europe. Germany’s Minister of Foreign Affairs, H.E. Frank-Walter Steinmeier, will discuss Germany’s plans to “renew dialogue, rebuild trust, and restore security” as it assumes the OSCE Chairmanship-in-Office, including resolving the conflict in Ukraine; supporting negotiations in Nagorno-Karabakh, Transdniestra, and Georgia; renewing discussions on key European security agreements; counterterrorism and cybersecurity; and strengthening OSCE capacities.
Helsinki Commission Briefing to Examine Internet Freedom in the Age of Dictators and TerroristsWednesday, February 24, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Internet Freedom in the Age of Dictators and Terrorists” March 3, 2016 10:00AM Rayburn House Office Building Room 2255 The original promise of the internet as a mechanism for free exchange of information and greater democratization seems a dream from a distant past. Authoritarian leaders in China, Russia and around the world seek to build walls around their country’s internet and censor incoming information and online discourse, while in free societies we are grappling with the right balance between security and privacy of online information in the face of terrorist threats. The briefing will focus on internet freedom broadly, including censorship and surveillance; and trends in how internet companies are evolving to handle increased government requests from law enforcement. In addition, panelists will discuss the role of export controls in ensuring that U.S. and European technologies do not contribute to human rights abuses. The following panelists are scheduled to participate: Lisl Brunner, Director of Policy and Learning, Global Network Initiative Rebecca MacKinnon, Director, Ranking Digital Rights Tim Maurer, Associate, Carnegie Endowment for International Peace
Helsinki Commission Chair: Serbia Legislation an Historic StepMonday, February 15, 2016
Newly-passed legislation in the Serbian parliament that offers compensation for heirless Jewish property seized during and after the Holocaust was called “historic” by Congressman Chris Smith (NJ-04), chairman of the Commission on Security and Cooperation in Europe (CSCE), also known as the Helsinki Commission. “As a long-time advocate of restitution for Jewish property stolen around the Holocaust, I applaud Serbia’s leadership in passing this historic legislation,” said Smith. “When there are no heirs, restitution should go to the Jewish community, especially to Holocaust survivors and their heirs. It is the least that can be done after the atrocities of the Holocaust.” Rep. Smith joined his fellow Co-Chairs of the Bipartisan Task Force for Combatting Anti-Semitism, and other Members of Congress, on a February 2 letter to Serbian Prime Minister Aleksandar Vučić, encouraging him to ensure that the law would be passed. Rep. Smith has a long record as a congressional leader in the fight against anti-Semitism. He authored the provisions of the Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. Following his 2002 landmark hearing “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the Organization for Security and Cooperation in Europe (OSCE) agenda, as a result of which in 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.” Smith has held numerous congressional hearing on anti-Semitism and other human rights issues. In 2015, he chaired a hearing entitled, “After Paris and Copenhagen: Responding to the Rising Tide of Anti-Semitism.”
Religious Freedom, Anti-Semitism, and Rule of Law in Europe and EurasiaThursday, February 11, 2016
In this hearing ODIHR Director Michael Link discussed the importance of the OSCE's work on human rights through ODIHR. He focused on the fight against anti-Semitism and the human rights situation in Ukraine. He spoke about ODIHR's newest project to combat anti-Semitism, called "Turning Words into Action," which will give leaders the knowledge and tools to address anti-Semitism in their communities. Director Link also noted that in Ukraine he was particularly concerned about the human rights violations in Crimea and expressed his support for a cease-fire as a pre-condition of the implementation of the Minsk package.
OSCE Foreign Ministers Meet in BelgradeFriday, January 15, 2016
Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015. Key issues addressed in the context of Ministerial discussions included: Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements. Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states). The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis. Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations. As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.
Germany to Lead OSCE in 2016Friday, January 15, 2016
Germany will serve as OSCE Chair-in-Office in 2016. Germany has indicated it will continue the work on youth exchanges initiated by the previous Serbian and Swiss chairmanships. In the human dimension, Germany will focus on: Freedom of the press and freedom of information, independence of the media, and the safety of journalists. Protection of minorities. Combating political extremism, intolerance and discrimination, including anti-Semitism and integration issues related to migrants. Strengthening the rights of women.
OSCE Human Dimension Implementation Meeting 2015Friday, January 15, 2016
“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns. When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda. U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants. The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea. Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.
Serbia Concludes Year-Long OSCE ChairmanshipFriday, January 15, 2016
Four decades after the signature of the Helsinki Final Act, Serbian Foreign Minister Ivica Dacic presided over a Serbian chairmanship of the Organization for Security and Cooperation in Europe (OSCE) that kicked off with high expectations. As a successor to the only participating State ever suspended from OSCE decision-making for egregious violation of Helsinki standards (1992 to 2000), the ability of Serbia to chair the organization was a credit not only to the country, but also to the OSCE which provided significant guidance and engagement through the transition. Throughout Serbia’s chairmanship, the situation in Ukraine dominated the work of the OSCE participating States, including at the annual OSCE Parliamentary Assembly meeting. This overshadowed efforts to commemorate the Helsinki Final Act’s 40th anniversary, as the OSCE’s future was considered to hinge on the Minsk agreements and its response to the crisis in and around Ukraine. Ukraine Russia’s egregious violations of the Minsk agreement led to its collapse in January 2015. Minsk II, adopted in February 2015, represents a further attempt to de-escalate the war in the Donbas. After six months of non-implementation, a September 1 cease-fire has largely held, with considerably fewer casualties than earlier, although there has been an uptick in recent weeks. Heavy weapons are slowly being withdrawn from the line of contact. Nevertheless, the agreement remains extremely tentative as Russia and its separatist proxies continue to disregard the majority of its provisions: Special Monitoring Mission (SMM) access remains blocked in large portions of the Russian-led separatist-controlled territory; Russian forces and equipment remain on Ukrainian territory; Ukrainian control over its borders with Russia has not been restored. Furthermore, restrictions continue on humanitarian aid and Ukrainian hostages remain in Russian custody. Terrorism 2015 was also scarred by numerous terrorist attacks in the OSCE region, including incidents targeting Jewish institutions and free speech in Paris and Copenhagen in January and February; the bombing of a Russian civilian airliner over the Sinai Peninsula in October; an attack in Turkey just three weeks before November 1 snap elections; and multiple, simultaneous attacks again in Paris in November. On November 17, the Permanent Council adopted a declaration on the need to combat by all means, in accordance with the Charter of the United Nations and international law–including applicable international human rights, refugee and humanitarian law–threats to international peace and security caused by terrorist acts. Refugee Crisis Issues relating to the refugee crisis became more acute over the course of the year. In early June, the Serbian Chairmanship held a special human dimension event on refugees and internally displaced persons. On October 6, following significant increases of migrant flows into Europe, the Serbian Chairmanship convened an unprecedented joint meeting of the Permanent Council’s three committees (on military-security, economic and environmental cooperation, and the human dimension) to focus on the refugee-migrant crisis. Finally, many hoped that Serbia’s positive experience hosting a field mission would serve as an example to other participating States cooperating with OSCE field activity. Unfortunately, turned out not to be the case, as illustrated by the abrupt closure of the mission in Baku. In addition, Serbia – missed an opportunity in 2015 to more strongly exemplify OSCE norms by providing justice for the 1999 execution-style murders of the three Kosovar-American Bytyqi brothers, a key issue in U.S.-Serbian relations.
What is the OSCE Doing in Ukraine?Friday, January 15, 2016
In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations
in the news
I Was Locked Up and Tortured by Putin’s SpooksSunday, January 10, 2016
Yuriy Yatsenko is an activist of the Euromaidan who was illegally imprisoned in Russia on political grounds and recently released. This is a shortened version of his testimony before the US Helsinki Commission in Washington on December 11, 2015. I am a Ukrainian citizen who was illegally arrested and detained by the Russian Federation for over a year for political reasons. Nadiya Savchenko, Oleg Sentsov and others who are less known have suffered and continue to suffer the same fate. In May 2014, I was in Russia's Kursk region with a friend on a business trip. During a routine document check that Russian police officers often practice, I was detained. At the police department, an FSB (Russian Federal Security Service) agent showed me a photograph of myself taken during the Euromaidan protests, which I suspect he had found on social media. The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia. At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me. After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution. We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya. At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement. I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me. They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head. The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts. Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives. The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released. The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers. When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly." That is why public events in support of prisoners are extremely important; they signal to the repressive regime that it is being watched closely and that none of the prisoners are forgotten. At least 13 Ukrainians are detained illegally somewhere in the Russian Federation, and at least eight prisoners are being held in occupied Crimea, both Ukrainians and Crimean Tatars. The criminal cases against them are fabricated, most have been brutally tortured and some have been deprived of their right to meet with an attorney or a Ukrainian consul for over a year. These are people of various ages, professions and politics, but they share one thing—their lives have become an instrument of Russian state-sponsored propaganda that has created the image of Ukraine as a mortal enemy. Kremlin officials constantly look for ways to justify their hybrid war in Ukraine, which is why innocent Ukrainian citizens are proclaimed to be terrorists, spies and fascists. I appeal to you on behalf of the #LetMyPeopleGo campaign. There are no independent courts in Russia; this is why politically motivated cases have no chance of being decided fairly. Only international pressure can help achieve the release of those detained. We are waiting for the return of Savchenko, Olexandr Kolchenko, Sentsov, Gennadiy Afanasiev, Olexii Chirnii, Sergiy Lytvynov, Mykola Karpiuk, Stanislav Klyh, Olexandr Kostenko, Haiser Dzhemilev, Yurii Soloshenko, Valentyn Vyhyvskii and Viktor Shur. We also demand that Russia stop occupying Crimea and that Akhtem Chyihoz, Ali Asanov, Mustafa Dehermendzhy, Yuriy Ilchenko, Ruslan Zaytullaev, Nuri Primov, Rustam Vaytov and Ferat Sayfullaev be freed. It is likely that this list is incomplete. Nevertheless, we demand that Russia release all of its prisoners who have been subject to politically motivated persecution.
By Janice Helwig and Mischa Thompson, Policy Advisors
Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society.
The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included:
A February 9-10 expert workshop in Mongolia on trafficking;
A March 19 hate crimes and the Internet meeting in Warsaw;
A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document;
A (now annual) trafficking meeting on June 17-18; and
A high-level conference on tolerance June 29-30 in Astana.
The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana).
Promotion of Gender Balance and Participation of Women in Political and Public Life
The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais.
The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics.
Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.)
A few participants raised more specific concerns. For example, an NGO representative from Turkey spoke about the ban on headscarves imposed by several countries, particularly in government buildings and schools. She said that banning headscarves actually isolates Muslim women and makes it even harder for them to participate in politics and public life. NGOs from Tajikistan voiced their strong support for the network of Women’s Resource Centers, which has been organized under OSCE auspices. The centers provide services such as legal assistance, education, literacy classes, and protection from domestic violence. Unfortunately, however, they are short of funding.
NGO representatives also described many obstacles that women face in Tajikistan’s traditionally male-oriented society. For example, few women voted in the February 2010 parliamentary elections because their husbands or fathers voted for them. Women were included on party candidate lists, but only at the bottom of the list. They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce.
The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection.
Education of Persons belonging to National Minorities: Integration and Equality
The OSCE held its second SHDM of 2010 on July 22-23 in Vienna, Austria, focused on the "Education of Persons belonging to National Minorities: Integration and Equality." Charles P. Rose, General Counsel for the U.S. Department of Education, participated as an expert member of the U.S. delegation.
The meeting was opened by speeches from the OSCE High Commissioner on National Minorities Knut Vollebaek and Dr. Alan Phillips, former President of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities. Three sessions discussed facilitating integrated education in schools, access to higher education, and adult education. Most participants stressed the importance of minority access to strong primary and secondary education as the best means to improve access to higher education.
The lightly attended meeting focused largely on Roma education. OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma.
The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. Among others, Azerbaijan, Belarus, Georgia, Greece, and Armenia gave glowing reports of their minority language education programs. Most participating States who spoke strongly supported the work of the OSCE High Commissioner on National Minorities on minority education, and called for more regional seminars on the subject.
Unfortunately, some of the presentations illustrated misunderstandings and prejudices rather than best practices. For example, Italy referred to its "Roma problem" and sweepingly declared that Roma "must be convinced to enroll in school." Moreover, the government was working on guidelines to deal with "this type of foreign student," implying that all Roma are not Italian citizens. Several Roma NGO representatives complained bitterly after the session about the Italian statement.
Romani NGOs also discussed the need to remove systemic obstacles in the school systems which impede Romani access to education and to incorporate more Romani language programs. The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs.
Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors.
Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates.
As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection.
OSCE Maintains Religious Freedom Focus
Building on the July 9-10, 2009, SHDM on Freedom of Religion or Belief, on December 9-10, 2010, the OSCE held a SHDM on Freedom of Religion or Belief at the OSCE Headquarters in Vienna, Austria. Despite concerns about participation following the December 1-2 OSCE Summit in Astana, Kazakhstan, the meeting was well attended. Representatives of more than forty-two participating States and Mediterranean Partners and one hundred civil society members participated.
The 2010 meeting was divided into three sessions focused on 1) Emerging Issues and Challenges, 2) Religious Education, and 3) Religious Symbols and Expressions. Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See.
Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms.
Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems.
In response to concerns raised by participants that free speech protections and other human rights often seemed to outweigh the right to religious freedom especially amidst criticisms of specific religions, UN Special Rapporteur Bielefeldt warned against playing equality, free speech, religious freedom, and other human rights against one another given that all rights were integral to and could not exist without the other.
Addressing ongoing discussion within the OSCE as to whether religious freedom should best be addressed as a human rights or tolerance issue, OSCE Director Lenarcic stated that, “though promoting tolerance is a worthwhile undertaking, it cannot substitute for ensuring freedom of religion of belief. An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.”
Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. Notably, the United States was one of few participating States to call for increased action against anti-Semitic acts such as recent attacks on Synagogues and Jewish gravesites in the OSCE region. (The U.S. statements from the 2010 Review Conference and High-Level Conference can be found on the website of the U.S. Mission to the OSCE.)
In addition to the formal meeting, four side events and a pre-SHDM Seminar for civil society were held. The side events were: “Pluralism, Relativism and the Rule of Law,” “Broken Promises – Freedom of religion or belief in Kazakhstan,” “First Release and Presentation of a Five-Year Report on Intolerance and Discrimination Against Christians in Europe” and “The Spanish school subject ‘Education for Citizenship:’ an assault on freedom of education, conscience and religion.” The side event on Kazakhstan convened by the Norwegian Helsinki Committee featured speakers from Forum 18 and Kazakhstan, including a representative from the CiO. Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.)
A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.