Chairman Wicker Highlights Importance of OSCE Mission in Stabilizing EuropeTuesday, March 21, 2017
At a March 21 U.S. Senate Armed Services Committee (SASC) hearing on “U.S. Policy and Strategy in Europe,” Helsinki Commission Chairman Senator Roger Wicker underlined his commitment to Ukraine’s future and highlighted the importance of the mission of the Organization for Security and Cooperation in Europe (OSCE). “The more Ukraine succeeds, the better off it is for us in the United States and the West, and I think it is one of the most profoundly important issues that we face in the next year or two,” stated Senator Wicker, who also serves as a senior member of SASC. Praising the OSCE’s monitoring mission in Ukraine as providing the “international community’s eyes and ears in the conflict zone,” Chairman Wicker underlined the challenges facing the consensus-based OSCE in addressing the increased aggression in Europe by Russia, one of its participating States. Citing the fundamental “Helsinki principles” on which the OSCE is based, Senator Wicker pressed a panel of experts for their views on the continued value of the OSCE. Ambassador William J. Burns, former U.S. Deputy Secretary of State who also served as U.S. Ambassador to Russia, stated that despite the OSCE’s limitations, the organization has continuing value. “It embodies some of the core values that we share with our European allies and partners in terms of sovereignty of states and the inviolability of borders—so that the big states don’t just get to grab parts of smaller states, just because they can,” he said. Burns further called for continued U.S. investment in the OSCE. Former NATO SACEUR General Philip M. Breedlove, USAF (Ret.), suggested that the Special Monitoring Mission in Ukraine was a particularly valuable expression of the OSCE’s work, underlining that “…with some of the fake news that was created in the Donbass and other places as Russia invaded, even though OSCE was challenged … often, [the monitoring mission] was the source of the real news of what was actually going on on the ground.” Ambassador Alexander R. Vershbow, former Deputy Secretary General of the North Atlantic Treaty Organization who also served as U.S. Ambassador to Russia, stated that the OSCE remains valuable, despite the challenges inherent in Russian actions, “…because of the norms and values that it upholds – even though the Russians are violating a lot of those right now – it gives us a basis on which to challenge their misbehavior.” Praising the Special Monitoring Mission in Ukraine as “very courageous,” Vershbow underlined that while the OSCE faces serious limitations, “I don’t see any alternative right now in trying to manage a conflict like in Eastern Ukraine.”
Helsinki Commission Leaders to Azerbaijan: Release All Political PrisonersMonday, March 20, 2017
WASHINGTON—On the traditional holiday of Nowruz, Helsinki Commission leaders called on the Azerbaijani government to immediately release all remaining political prisoners and honor its OSCE commitments to human rights, democracy, and the rule of law. “It is disappointing that President Aliyev released only a small number of political prisoners among several hundred pardons he issued prior to Nowruz,” said Helsinki Commission Chairman Sen. Roger Wicker (MS). “OSCE participating States commit to respecting freedom of expression, including the freedom to exchange information and views without interference from public authorities. The Government of Azerbaijan should uphold this commitment by releasing opposition figures, civil rights activists, journalists, and religious leaders who are currently in jail for peacefully exercising their rights. This is particularly true in the case of former presidential candidate Ilgar Mammadov, who recently entered his fifth year in prison on politically-motivated charges.” “President Aliyev’s pardons left dozens of human rights activists, journalists, and political dissidents languishing in prison and subject to mistreatment,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). “I call on President Aliyev to respect human rights and democracy in his country and immediately release all prisoners of conscience.” In 2016, the Government of Azerbaijan pardoned 148 inmates in the days leading up to Nowruz, including more than a dozen people identified as political prisoners by leading human rights organizations. This year, the Government issued pardons to more than 400 prisoners, but only four political prisoners were freed.
Helsinki Commission Chairman Leads U.S. Delegation to Parliamentary Gathering of OSCE CountriesWednesday, March 08, 2017
Led by Helsinki Commission Chairman Senator Roger F. Wicker (MS), 10 Members of the U.S. Congress joined the OSCE Parliamentary Assembly’s annual Winter Meeting in Vienna, Austria, on February 23 and 24, 2017. Since the founding of the OSCE PA, Members of Congress have actively engaged their Canadian, European, and Central Asian counterparts at Winter Meetings and other OSCE PA events. Such engagement was particularly significant in 2017 in the context of an ongoing terrorist threat in Europe, Russian aggression against Ukraine and other neighboring countries, and the challenges of the massive influx of refugees and migrants into Europe from the Middle East and Africa. The transition to a new Administration in the United States made it more important than ever to reaffirm the commitment of the United States to security and cooperation in the region. Approximately 250 parliamentarians from 53 participating States took part in the 2017 Winter Meeting, and active participation of the U.S. Delegation – the largest in OSCE PA Winter Meeting history – was warmly welcomed. In addition to Senator Wicker, the U.S. Delegation included Helsinki Commissioners Rep. Alcee L. Hastings (FL-20), Rep. Robert B. Aderholt (AL-04), Rep. Steve Cohen (TN-09), and Rep. Richard Hudson (NC-08), as well as Senator Lamar Alexander (TN), Rep. Eliot L. Engel (NY-16), Rep. Lloyd Doggett (TX-35), Rep. Steve King (IA-04), and Rep. Trent Kelley (MS-01). U.S. Delegation Speaks Out on Security, Religious Freedom, and Human Rights in Times of Crisis The bicameral, bipartisan Delegation was highly visible throughout the meeting. In addition to his role as Head of the U.S. Delegation in 2017, Senator Wicker serves as chairman of the Assembly’s General Committee on Political Affairs and Security (also known as the First Committee), which met during the Winter Meeting. Opening the committee session, Senator Wicker applauded the opportunity the Winter Meeting provides “to dialogue directly with senior officials working within the OSCE” and “to discuss pressing concerns with the Ambassadors representing all of our States on a continuing basis.” “This dialogue,” he added, “is one way in which we, as representatives of our citizens, help to shape the future of the OSCE… The role of this Committee remains as important as at any time in the history of our Assembly. Let us now get down to the work of discussing how we will collectively rise to the challenges of our time.” Representative Hudson participated in the First Committee’s debate on confronting terrorism. Observing that some countries misuse laws regarding extremism and terrorism to persecute an entire religious community, Hudson agreed that “violent extremism and terrorism – including in the name of religion – are real threats that must be countered,” but argued that “religious affiliation itself is never a justification for detention and imprisonment.” As some governments have been accused in recent years of using outside threats and security concerns as justification for the denial of basic human rights to political opponents, “protecting human rights in a time of crisis” was chosen as a relevant and timely topic for the closing plenary debate. At the closing plenary, Representative King noted the magnitude and gravity of the threats Turkey faces today, including ISIS- and extreme Kurdish-sponsored terrorism as well as an attempted military coup. He added, however, that the response must respect core obligations and should not be broadened into a crackdown on political rivals, independent voices and average citizens. Representative Aderholt, who also serves as one of nine Vice Presidents of the OSCE PA, remarked on contrasting developments in another country facing a crisis: Ukraine. He noted that the threat posed by Russian aggression since 2014 “could easily have led to a deterioration in Ukraine’s human rights situation, as well as increased corruption and societal intolerance,” but that, “to Ukraine’s credit, this has not happened.” He reminded delegates of the difficult and substantial reforms the country has undertaken in recent years and encouraged their implementation. He also detailed the “contrasting deterioration in the human rights of those parts of Ukraine which have been seized by Russia and its separatist proxies.” Beyond the Debates Chairman Wicker also represented the United States in a session which amended the Assembly’s rules of procedure to encourage greater discipline to avoid over-amending draft resolutions at Annual Sessions which take place each summer, and to ensure that those resolutions are placed on the agenda based on the degree of support they get from heads of delegation. While in Vienna, the U.S. Delegation hosted two additional events to facilitate an exchange of views: one for 15 of the Parliamentary Assembly’s leaders and heads of delegation, including Austrian parliamentarian and current President Christine Muttonen; and a second for senior OSCE officials. Bilateral talks with the delegates from Georgia, Israel, Poland, Romania, and Russia took place on the margins of the meeting. The next gathering of the OSCE Parliamentary Assembly will be its Annual Session, scheduled to take place in Minsk, Belarus, on July 5-9, 2017. About the OSCE PA Winter Meeting The Parliamentary Assembly was formed as the Cold War ended in the early 1990s to allow elected representatives to take a more active role in the multilateral diplomacy of what is today the Organization for Security and Cooperation in Europe (OSCE). Winter Meetings initiate the Assembly’s work for the coming year and debate current issues. Unlike other Assembly meetings, Winter Meetings always take place in Vienna to facilitate greater interaction between the parliamentarians and both OSCE officials and diplomatic representatives of the 57 OSCE participating States.
Panelist Profile: Dr. Margareta MatacheTuesday, March 07, 2017
Dr. Margareta Matache was a speaker at the Helsinki Commission’s February 16, 2017 panel discussion on the challenges faced by Romani communities in Romania. The event followed a screening of the acclaimed Romanian film “Aferim!” (“Bravo!”), which addresses the forgotten history of 500 years of Roma slavery in two former Romanian principalities. Margareta is a Romani activist and scholar from Romania with over 18 years of experience in the field of human rights. She joined the Harvard FXB Center for Health and Human Rights team in 2012, where she currently works as an instructor and director of the Roma Program. Before this position, for seven years Dr. Matache served as the executive director of Romani CRISS, a leading Romani non-profit in Romania. Margareta grew up under the first wave of Romani activism in post-communist Romania. Her father, a construction worker of Romani descent, was a community activist himself, which played a role in fostering her interest in the field of human rights. “This activist environment taught me about our ancestors, some of whom on my mother’s side may have been slaves, and so I am trying to document that now,” she says. Margareta was the first child in her family and community to attend high school. She has a B.A. in Social Work, an M.A. in European Social Policies and a PhD, magna cum laude, from the University of Bucharest. However, her educational path was no easy feat. “As an adolescent, I felt the pressure and pain of race and class constructs and wanted to drop out from school way too often,” she admits. She says that those feelings later became one of the triggers of her motivation to dedicate a large portion of her work to fighting racism and stigma against Romani adolescents. Margareta became involved with the Romani movement in 1999 as a volunteer for the Roma Students Association, working with association director Emilian Nicolae in a local community in Bucharest. Six years later, she became the executive director of Romani CRISS. “Taking a stand in cases of anti-Roma racism was at the core of our work at Romani CRISS,” Margareta says. Since the 1990s, the organization has documented countless cases of Romani rights violations which were later ruled upon by the European Court of Human Rights (ECHR) and included in reports from Amnesty International, the U.S. State Department, and other institutions. “In 2006, we assisted the community in the town of Apalina, after the police used violence against 37 Roma, including elders. Based on a complaint filed by Romani CRISS, the ECHR condemned the way the Romanian government had conducted the investigation and awarded the victims €192,000 in damages,” she recalls. Yet, she also recalls that they lost cases before the court in many instances. “We had quite a lot of failures or so called ‘lessons learnt,’” she adds. Margareta’s work was also dedicated to fostering the right to education. “When I took over the Romani CRISS leadership, I continued prioritizing the issues of Romani children segregated in separate schools and classes from their non-Roma peers. We set up a coalition of five renowned nonprofit and intergovernmental organizations that worked with the Ministry of Education to develop a legal document that prohibits segregation. In 2007, our advocacy led to the issuing of a School Desegregation Bill,” she recounts. In 2011, along with other partners, Margareta’s organization convinced the Romanian Parliament to include an article that targets the misdiagnosis and abusive placement of children in special schools based on their ethnicity or another discriminatory criterion in the new Education Law. Despite these successes, Margareta feels that there is still a lot to be done as Romani children continue to be placed in segregated schools and classes to this day. In 2012, Margareta decided to take a break from activism and shifted to academia. At the Harvard FXB Center for Health and Human Rights, she has been pursuing and piloting participatory approaches for assessing the needs of Romani youth and suggest better-informed policies and measures. Moreover, the Roma Program has provided support for Romani and non-Romani youth to conduct culturally sensitive and participatory research. Margareta is also contributing to strengthening ties and joint advocacy efforts between Roma and other social movements, working on reparations claims across historical and geographical spheres. Slavery in Romania is an example of past state-sponsored injustices around which Margareta’s program try to create awareness and solidarity. “Romania has not even advanced symbolic reparations, including memorials, museums to acknowledge this episode in our country history. Roma and Romanian children are simply deprived from learning about this central episode in their collective history. We need to help the next generations of children, Roma and non-Roma, to learn about the origins of the present-day biases, racist behaviors, and also, to understand the effects of the unseen gadjo or non-Roma privilege,” she says. Margareta also champions the idea to use films and other artistic productions as a tool to ignite discussions and raise awareness of difficult topics. She points out that "Aferim!" helped lay the foundations for the acceptance, recognition, and memorialization of the past of injustice in Romania. “It was remarkable to me that the film was produced and directed by fellow Romanians, who told the world the hidden truth about the uncomfortable past of 500 years of slavery on Romanian territories. I think that 'Aferim!' started the public conversation on the history of slavery while The Great Shame, a play written and directed by the brilliant mind of Alina Serban, continues the conversation on slavery and takes a step further, by looking at the past through the eyes of the present,” she says. According to Margareta, what makes the film exceptional is that “'Aferim!' shifts the emphasis on the non-Roma and their moral responsibility for past injustices and the roots of present-day injustice, including exploitation and discrimination, pulling to pieces the discourse on Roma vulnerability and the ‘Roma problem.’” “We would not need any integration policy if we benefited from a just treatment throughout our history, she says. “'Aferim!' speaks, in many ways, to all embedded biases in our Romanian culture, and also mocks them in a manner that could potentially help Romanians understand present-day discrimination against Roma and other groups, and how ridiculous and outdated racism should be.” Asked why learning about Roma is important for Americans, Margareta points out that there is a need to build solidarity with the Roma. However, she also stresses that Romani communities face stigmatization on the American soil as well: “There is an idea in the U.S. that the gypsies are not a people; it’s rather a way of life: bohemian, free spirit. The truth is that we have quite a large Romani population here in the United States, about a million people. Also, reality shows, Hollywood movies, and many other cultural products continue to portray Roma solely in stereotypical images and that adds to the stereotypical ways in which some Americans perceive this population. Fearing stigma, many Roma in the U.S. hide their identity. In this context, there is a need for mobilization of Romani people in the U.S. in view of building a new discourse to balance the stereotypical ways in which some Americans perceive this population."
in the news
16th Winter Meeting Features Special Debate on Human Rights in Times of CrisisWednesday, March 01, 2017
The March 1, 2017 issue of the OSCE Parliamentary Assembly's weekly "News from Copenhagen" features an overview of the OSCE PA Winter Meeting, held in Vienna on February 23 and 24. Helsinki Commission Chair Senator Roger Wicker chaired a meeting of the Assembly's General Committee on Political Affairs and Security (known as the First Committee) during the event.
Roundtable on Fighting Anti-Semitism Looks at Turning Words into ActionWednesday, March 01, 2017
On March 1, 2017, the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) hosted a roundtable discussion in Washington focusing on the active role of civil society organizations in the United States and Europe to combat anti-Semitism and violent hate crime. “Turning Words Into Action: Addressing Anti-Semitism and Intolerance in the OSCE Region” featured opening remarks by ODIHR Director Michael Link and Senator Ben Cardin, who serves as the OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance. Helsinki Commission Chairman Senator Roger Wicker offered closing remarks. Director Link underscored the continuing importance of the OSCE in helping participating States meet their human rights commitments, including through the new OSCE/ODIHR Words Into Action to Address Anti-Semitism project to prevent and respond to anti-Semitism through security, education, and coalition-building initiatives. “We...assist the participating States, state authorities, parliaments, civil society, [and] media, …concentrating especially...on security, on education and on coalition-building [including] the development of resources to better equip governments and civil society, to address the security needs of Jewish communities. It includes the development and publication of the practical security guide, an online platform for reporting anti-Semitic hate crimes, hate speech, discrimination and other incidents of intolerance.” Noting the need for immediate action in response to recent threats made against Jewish institutions in the United States over the past month, OSCE PA Special Representative Senator Cardin reiterated the importance of the ODIHR project and collective responsibility of political leaders to act, including by supporting coalitions and youth-led initiatives. He highlighted the importance of collaboration between local law enforcement, school administrators, and civil society in addressing security needs for Jewish communities citing recent incidents in the state of Maryland. “Now, it’s not just Maryland. It’s happening throughout the entire country...This is a problem throughout the OSCE region," he said. Senator Cardin continued, "It’s not limited to anti-Semitism...Nothing would help more to stop these calls about bomb scares or to stop the desecration of cemeteries or what we see at places of worship than [to] get some people prosecuted for these crimes and convicted for these crimes. Any act of vandalism or violence is wrong. But when it’s motivated by hate, it should be elevated to a higher level. And that’s what we’ve done by our hate crime laws, and that’s what we’ve done by our special units in law enforcement. And we need to support those efforts, put the spotlight on it and let the public know that we won’t tolerate that type of hate activities in our community.” Following the introductory remarks, expert panelists Cristina Finch, Head, Tolerance and Non-Discrimination Department, OSCE/ODIHR, Stacy Burdett, Director of Government Relations, Anti-Defamation League, Mark Weitzman, Director of Government Affairs, Simon Wiesenthal Center, Susan Corke, Director, Antisemitism and Extremism, Human Rights First, moderated by Dr. Mischa Thompson of the U.S. Helsinki Commission, explored current challenges and recent initiatives in addressing anti-Semitism and increased prejudice and discrimination in the 57 participating States of the OSCE. Roundtable participants focused on the need for increased efforts to address the surge in anti-Semitic incidents in the U.S. and Europe, and ways to strengthen relationships between the Jewish community, law enforcement and other actors to address continuing prejudices and violence. Additionally, they provided concrete recommendations for next steps for the OSCE/ODIHR and Members of Congress. The event closed with remarks from Chairman Wicker, who emphasized the importance civil society and leadership to address the problem, noting, “It has to be encouraging that the president would mention Black History Month and anti-Semitism... in the first 60 seconds of his speech [before the Joint Session of Congress and] something that the international community would take notice of.”
Helsinki Commissioners Champion Security, Human Rights at OSCE PA Winter Meeting in ViennaTuesday, February 28, 2017
WASHINGTON—Led by Helsinki Commission Chairman Roger Wicker (MS), five members of the Helsinki Commission and five other members of Congress traveled to the OSCE Parliamentary Assembly (PA) Winter Meeting in Vienna last week to demonstrate the commitment of the U.S. Congress to security, human rights, and the rule of law in the 57-nation OSCE region. “The OSCE Parliamentary Assembly is vital to shaping the future of our European partnership and contributing to upholding the Helsinki principles. I am pleased that we were able to debate a number of issues – including terrorism, human rights, refugees, and Ukraine – in a constructive way,” said Chairman Wicker. “Americans have a stake in uniting the community of participating nations in comprehensive security. I look forward to the opportunity to seek consensus on these and other issues.” Much of this debate took place in the General Committee on Political Affairs and Security (First Committee), which Wicker chairs. Senator Wicker (MS) was joined in Austria by Helsinki Commissioners Rep. Roger Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Alcee Hastings (FL-20), and Rep. Richard Hudson (NC-08). The Delegation also included Senator Lamar Alexander (TN), Rep. Lloyd Doggett (TX-35), Rep. Eliot Engel (NY-16), Rep. Trent Kelly (MS-01), and Rep. Steve King (IA-04), making the bipartisan, bicameral Delegation the largest U.S. delegation to a Winter Meeting in OSCE PA history. Speaking at the First Committee meeting, Rep. Hudson raised the issue of religious freedom, saying, “Violent extremism and terrorism – including in the name of religion – are real threats that must be countered and the related crimes prosecuted. However, religious affiliation itself is never a justification for detention and imprisonment.” He observed that several participating States, including Russia, misuse laws regarding extremism or terrorism to persecute entire religious groups. In a plenary debate on human rights in times of crises, Rep. Aderholt, who also serves as a vice-president of the OSCE PA, stated, “Since 2014, Ukraine has been in a time of crisis based on the threat posed by Russian aggression. Such a situation could easily lead to deterioration in the human rights situation as well as increased corruption and societal intolerance. To Ukraine’s credit, this has not happened … it must, of course, be noted that there has been a contrasting deterioration in the human rights record in those parts of Ukraine which have been seized by Russia and its separatist proxies.” During the same debate, Rep. King spoke on the situation in Turkey, noting, “Turkey has every right to undertake policies that serve the interests of national security within the bounds of its human rights commitments, including the Helsinki Final Act. There has never been a more critical time to reaffirm that document’s uniquely comprehensive idea of security that considers human rights and the building of democratic institutions as key pillars of a sustainable regional order.” While in Vienna, members of the Delegation also discussed issues confronting the OSCE with the organization's leading diplomatic representatives, as well as the acting U.S. representative to the OSCE. Prior to attending the Winter Meeting, several members of the Delegation also visited Italy, Jordan, and Israel. At the Naples-based headquarters of the U.S. Sixth Fleet, members were briefed on key military issues, including ongoing operations against ISIS; migration flows across the Mediterranean; and Russia’s increasingly assertive regional military posture and activities. In Jordan, Jordanian King Abdullah II received the Delegation and expressed his appreciation for the enduring support of the United States for his government and the Jordanian people. He underscored the importance of American leadership in the region and reviewed the regional and domestic challenges facing Jordan, particularly the security and humanitarian consequences of the civil war in Syria and war against ISIS. In Israel, the Delegation met with Defense Minister Avigdor Lieberman, who stressed the grave and existential threat posed by Iran through its nuclear ambitions, advanced missile program, and regional terrorist proxies. He urged the U.S. to exercise leadership in the region to marginalize destabilizing forces and forge peaceful solutions to conflicts. The Delegation also met with Israeli Deputy Minister for Diplomacy Michael Oren and Political Director of the Israeli Ministry of Foreign Affairs Alon Usphiz, who echoed calls for renewed American leadership in the region and expressed concerns about the instability that arises from power vacuums left by conflicts like the civil war in Syria.
Report on Human Trafficking Issues to the 2017 Winter Meeting of the OSCE Parliamentary AssemblyThursday, February 23, 2017
Since 2004, Helsinki Commission Co-Chairman Rep. Chris Smith has served as the OSCE Parliamentary Assembly Special Representative for Human Trafficking Issues. His 2017 winter report to the President of the Parliamentary Assembly regarding his activities as the Special Representative provides an overview of his meetings with government representatives of OSCE participating States and with the representatives of governments whose citizens are trafficked in participating States. In addition, the report covers implementation of newly enacted best practices in the United States, such as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advance Notification of Traveling Sex Offenders, which resulted in 1,780 notifications to 64 countries in 2016, and a new bilateral agreement with Slovakia, in addition to an existing agreement in place with the United Kingdom. Along with descriptions of other pending anti-trafficking bills authored by Rep. Smith, the report also explains the upcoming reauthorization of U.S. anti-trafficking law with the Frederick Douglass Trafficking Victims Prevention Act of 2017. In particular, the 2017 law will contain sections reflecting the supplementary items adopted by the OSCE Parliamentary Assembly as well as the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings, such as better oversight of government procurement to prevent purchase of goods tainted by human trafficking, and training for flight personnel and the hotel industry to identify and properly report suspected cases of human trafficking. Finally, the report provides overviews of the seven hearings Rep. Smith chaired last year that addressed human trafficking in whole or in part. The report also provides an overview of the 2016 Trafficking in Persons Report (TIP Report), produced by the U.S. Department of State, as required by Rep. Smith’s previous trafficking legislation. The TIP Report shows that the OSCE had gains in prosecutions and convictions in 2015 and eight new or amended pieces of anti-trafficking legislation, but a decline in trafficking victim identification.
Screening and Panel Discussion: Aferim! (Bravo!)Thursday, February 16, 2017
The critically acclaimed Romanian film “Aferim!” (Bravo!), directed by Radu Jude, is the first Romanian film to depict the enslavement of Roma in 19th century Romania. Set in 1835 Wallachia, a southern region of what is today Romania, the film’s plot follows a policeman, Costandin, and his son Ionita, who are hired by a nobleman to find a Romani slave who has run away from his estate after having an affair with the nobleman’s wife. As the protagonists travel along the wild stretches of the Romanian countryside, they encounter vivid archetypes of Romanians. With strong emphasis on class divides, the film portrays the stark contrast between the enslaved Roma, Romanian peasantry, and the all-powerful nobility. The film’s remarkable level of detail reflects the use of historical documentation, contributing to a gripping portrayal of Romanian society into which one is quickly immersed. Following the film, Erika Schlager, Helsinki Commission Counsel for International Law, moderated a discussion with Dr. Margareta Matache, Cristian Gaginsky, and Dereck Hogan who each offered unique perspectives into how “Aferim!” serves as both a remarkable piece of cinema, and as an important educational tool on the much neglected issue of slavery in Romania and its lasting impact. Cristian Gaginsky, Deputy Chief of Mission for the Romanian Embassy, outlined the measures undertaken by the Romanian Government to improve the situation of Roma in Romania, as well as the need for a broader level of global awareness on Romani issues. The discussion then passed to Dereck Hogan, Director of the Department of State’s Office for Central Europe. Noting that the United States shares the ugly legacy of slavery and the continuing struggle to address its lasting impacts on our society, politics, and culture, Hogan described State Department engagement on Romani issues and a common goal of preventing acts of discrimination. Finally, Dr. Margareta Matache, a leading Romanian Romani activist and scholar currently at the FXB Center for Health & Human Rights at Harvard University, emphasized the education is one of the most powerful tools that can dismantle power relations and poverty. At the same time, she added, “[w]e need to focus more on anti-Romani racism in schools. I think that children, both Romani and non-Romani children in Romania, need to know what slavery meant for our country and how we can overcome, how we can create solidarity with Roma, and how we can actually have more responsibility for the common past of our country.”
Helsinki Commission to Screen Acclaimed Film Aferim! (Bravo!)Friday, February 10, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, with the participation of the Embassy of Romania and the U.S. Department of State, will host a screening of the acclaimed Romanian film Aferim! (Bravo!), the first Romanian film to grapple with the enslavement of Roma. The film will be followed by a panel discussion featuring Romani activist Dr. Margareta Matache, FXB Center for Health & Human Rights, Harvard University. Additional remarks will be offered by Cristian Gaginsky, Deputy Chief of Mission, Embassy of Romania, and Dereck Hogan, Director, Office of Central European Affairs, Department of State. AFERIM! (BRAVO!) Thursday, February 16 Cannon House Office Building Room 122 2:00PM – Film Screening 4:00PM – Panel Discussion Aferim!, Romania’s 2016 submission for the foreign-language Oscar, follows a constable and his son in 1835 as they track down a run-away slave, encountering various Romanian archetypes along the way. Roma, Europe’s largest ethnic minority, were enslaved in Romania until their emancipation during the founding of the modern Romanian nation state in the second half of the 19th century. Today, approximately two million of Europe’s 15 million Roma citizens live in Romania. Romania commemorates the end of slavery on February 20.
The Helsinki Commission, Forty Years Ago and TodayTuesday, February 07, 2017
Spencer Oliver saw the foundation of the Helsinki Commission as its first Chief of Staff, from 1976 to 1985. After subsequent service as Chief Counsel at the House Foreign Affairs Committee, he served as the first Secretary General of the OSCE Parliamentary Assembly from October 1992 to December 2015. Spencer Oliver, a personal witness to the diplomacy that brought trans-Atlantic relations from the Cold War era to the present, recently paid a visit to the Helsinki Commission offices he first opened in 1976. After a nine-year tenure as the Commission’s first Chief of Staff, Mr. Oliver remained involved with the Helsinki Process through his subsequent career in the Congress and at the OSCE Parliamentary Assembly. Mr. Oliver gave a short interview on the Commission’s accomplishments over four decades, and prospects for the future. Before the establishment of the Helsinki Commission in 1976, Oliver observed, “human rights were not really a component of U.S. foreign policy. It was the Commission that made a strong effort for President Carter to make human rights a definite element in his foreign policy portfolio.” He recalled a private foreign policy strategy meeting in the fall of 1976 with then-candidate Jimmy Carter’s foreign policy team. Then-Helsinki Commission Chairman Dante B. Fascell, a U.S. Representative from Florida, made a pitch about why human rights should be on Carter’s agenda. Senator Hubert Humphrey, a very close friend and advisor to Carter, slammed his hand on the table and said, “By golly, Dante’s right! Human rights ought to be one of the principal pillars of the Carter foreign policy!” After Carter took office, Chairman Fascell and his staff, including Mr. Oliver, met with the new President’s Secretary of State, Cyrus Vance, to discuss a plan to make human rights a U.S. foreign policy priority. They recommended that: 1) the State Department position of “Coordinator of Humanitarian Affairs” be elevated to a full Bureau for Human Rights and Humanitarian Affairs; 2) Patricia M. Derian, a civil rights activist from Mississippi, become the first Assistant Secretary of State to head that Bureau; 3) the Assistant Secretary also become the State Department’s representative on the Helsinki Commission; and 4) the Helsinki Commission be fully integrated into inter-agency CSCE planning and the U.S. Delegation to the upcoming CSCE Review Meeting in Belgrade. The Secretary agreed and implemented these recommendations, despite resistance within the State Department. “Without Dante Fascell and Patt Derian, human rights probably would not have had the place it eventually did in American foreign policy,” Oliver observed. Oliver mentioned with sadness the passing of Derian in May 2016. Mr. Oliver explained that the Helsinki Commission was also partly responsible for creating the practice of human rights implementation, review, and accountability. At the 1977 Belgrade Review Meeting, the Helsinki Commission participants in the U.S. Delegation articulated specific cases of human rights abuses and violations of the Helsinki Accords committed by the Soviet Union. In response, the Soviet delegation shot back with criticisms of U.S. human rights issues, such as racism and poverty, to which the United States responded by investigating and reporting factually on these concerns. By publishing a human rights compliance report, the United States set a precedent for accountability on the part of all Helsinki Final Act signatory states. “The Helsinki Accords,” Oliver explained, “were not just about how the countries treat one another, but also about how countries treat their own citizens.” Noting that, today, Russia’s human rights conditions are worse than they have been since the collapse of the USSR, Mr. Oliver recalled moments that looked more promising. Accompanying Fascell to Moscow in April 1986, he was among the first American officials to meet with Mikhail Gorbachev after his consolidation of power as leader of the Soviet Union. In a four-hour meeting at the Kremlin on a Saturday morning, Mr. Oliver expected Gorbachev to find recourse to concerns raised by displaying the same defensiveness and counter-criticism as previous Soviet leaders. Instead, Gorbachev was honest about the issues his country was facing, and expressed his intention to enact economic and political reforms to open the Soviet Union up to the rest of the world. Mr. Oliver left that meeting feeling encouraged about the direction of the USSR. This progressive streak in Russian leadership was short-lived, as illustrated by Vladimir Putin’s increasingly authoritarian rule and denial of basic freedoms. Mr. Oliver believes that Putin’s rise to power and current popularity result from the turmoil and economic devastation of the 1990s, compounded with his tight grip on the media. “There’s no country in the world where the dictator controls the media and he isn’t running at 80 percent in the polls,” he said. In terms of U.S. policy towards Russia, Mr. Oliver believes that strengthening and widening those economic sanctions already in place would put the most pressure on the Russian government to change its ways. “When the Russians invaded Crimea, they broke every one of the ten principles of the Helsinki Final Act,” he said. “We should let the Russians know that we don’t intend to back off until they change their ways.” In the meantime, the Commission can continue to play an important role maintaining the gains made in promoting human rights through bilateral as well as multilateral diplomacy.
The Helsinki Process: A Four Decade OverviewWednesday, February 01, 2017
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
Smith Leads Mission to Genocide Survivors in IraqTuesday, December 20, 2016
ERBIL, Iraq—Just days before Christmas, a leading human rights lawmaker, Rep. Chris Smith (NJ-04), went to Iraq to witness first-hand the plight of Christians who escaped ISIS into the Erbil area of the Kurdistan region and the failure of the Obama Administration to help them. After meeting with Christian families and leaders, and officials from the U.S., other OSCE participating States, and the United Nations, Smith said he returns to Washington to lead Congressional efforts to target more humanitarian aid to Christians and other religious minorities who have survived genocide. Smith also visited a camp for 6,000 internally displaced people, managed and supported by the Chaldean Catholic Archdiocese of Erbil. “This Christmas season, the survival of Christians in Iraq, where they have lived for almost 2,000 years, is at stake,” said Smith, who chairs both the Commission on Security and Cooperation in Europe and the House panel on global human rights and international organizations. “Today I met with Christian families who survived the ISIS genocide and have been ignored for two years by the Obama Administration. I hope that President-Elect Trump will act urgently to make sure his Administration helps these Christians with the funds Congress has approved for survivors of ISIS atrocities.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Daoud Sharaf, who had to flee ISIS and seek refuge in Erbil, told Smith, “So often concern for Christians is minimized. I am so happy, because you are the first American who has come to just ask about the Christians. We pray that President Trump will help us. We are the last people to speak the Aramaic language. Without help, we are finished.” “I also saw how the Obama Administration has shortchanged organizations conducting criminal investigations and collecting, preserving, and preparing evidence usable in criminal trials. Perpetrators will dodge punishment unless there is specific evidence linking them to specific atrocity crimes. My Iraq and Syria Genocide Relief and Accountability Act legislation is a blueprint for how to assist Christians and other genocide survivors and hold perpetrators accountable. I will be working tirelessly to get this bill on the new President’s desk when we reconvene in January,” added Smith. Responding to reports that the UN Office on the Prevention of Genocide is considering excluding Christians from its findings of ISIS genocide victims and recommendations for prosecution, Smith said, “Even the Obama Administration determined that ISIS has been committing genocide against Christians. It would be outrageous if the UN ignored the overwhelming evidence and turned its back on these people who have suffered so much.” Background In 2002, there were as many as 1.4 million Christians in Iraq. After years of sectarian conflict, followed by the ISIS genocide that began in 2014, they have dropped to less than 250,000. Most of the Christians who survived ISIS fled to the Erbil area, which now hosts more than 70,000 internally displaced Christians, almost a third of all Christians in Iraq. Iraqis have been eight percent of the refugees and migrants who arrived by sea in the OSCE region in 2016. The Chaldean Catholic Archdiocese of Erbil has provided most of the assistance to these displaced Christians – and has also assisted Yezidis and Muslims – including food, shelter, medical care, trauma care, and preparations for the impending winter. Smith was invited to Erbil by Archbishop Bashar Warda, head of the Archdiocese. During their meeting, Archbishop Warda emphasized that unless the ancient Christian communities of Iraq received significant financial support very soon, they may not survive. At a September hearing of the Commission on Security and Cooperation in Europe, chaired by Smith and titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators, Steve Rasche, Legal Counsel and Director of IDP Resettlement Programs for the Archdiocese, testified and said, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any US aid agencies or the UN.” He added, “There’s a mistaken belief that it doesn’t get cold in Iraq. It snows in Erbil in the wintertime. Even the people that we’ve put in shelters, it gets incredibly cold for them at night, and so there are additional costs for heating oil and blankets. That is a concern for us. Our costs will go up.” Since 2013, Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Fulfilling the Humanitarian Imperative: Assisting Victims of ISIS Violence. He is also the author of the bipartisan Iraq and Syria Genocide Relief and Accountability Act (H.R. 5961), co-sponsored by Rep. Anna Eshoo (CA-18), which includes key provisions directing the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; Support entities that are conducting criminal investigation into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Close gaps in U.S. law so that the American justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such atrocity crimes in their security databases and security screening; Create a “Priority Two” (“P-2”) designation for persecuted religious and ethnic groups in Iraq or Syria. This legislation is supported by many groups including the Knights of Columbus, 21st Century Wilberforce Initiative, In Defense of Christians, Yazidi Human Rights Organization International, Commission for International Justice and Accountability, Center for Religious Freedom at the Hudson Institute, Religious Freedom Institute, Simon Wiesenthal Center, Open Doors, and others. The bill has also been endorsed by all of the former U.S. Ambassadors-at-Large for War Crimes: David Scheffer (1997-2001), Pierre-Richard Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015). Smith also authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Just last week, the President signed into law the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which Smith authored and Eshoo co-sponsored. This law makes sweeping changes that will help ensure that the U.S. Administration and the State Department have the tools, training, and resources to anticipate, help prevent, and respond to genocide and other persecution against religious communities like Christians in Iraq and elsewhere. Smith continues to encourage leaders in other OSCE countries to provide more humanitarian assistance to Christian genocide survivors and support criminal investigations into and prosecutions of perpetrators.
Helsinki Commission Leaders Mark International Human Rights DayFriday, December 09, 2016
WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”
Turkey: Human Rights in RetreatFriday, December 09, 2016
Five months after the failed coup attempt of July 15th, 2016, serious questions have emerged with regard to the future of democracy and the rule of law in Turkey. The Turkish government maintains sweeping state of emergency decrees, which have shuttered educational institutions, civic associations, and media organizations. Tens of thousands of people have been arrested, suspended, or fired for colluding with coup plotters, a determination often made with little to no credible documentation. In the wake of this ongoing crackdown, the Helsinki Commission convened a briefing to examine Turkey’s deteriorating human rights conditions and the future of U.S.-Turkey relations. Helsinki Commission staff member Everett Price opened the briefing by recalling the Commission’s original mandate, its fundamental mission to shed light on human rights violations, and the importance of candor in fostering friendly international relations. Dr. Y. Alp Aslandogan, Executive Director of the Alliance for Shared Values, provided a detailed description of the government’s post-coup persecution of the Hizmet movement, minority groups such as the Kurds and Alevis, journalists, and teachers. Dr. Karin Karlekar, Director of the Free Expression Advocacy Team at PEN America, shed light on the Turkish government’s intensified suppression of press freedom and free expression in the wake of the failed coup attempt. Finally, Dr. Nicholas Danforth, Senior Policy Analyst at the Bipartisan Policy Center, assessed the risks posed by the Turkish government’s disregard for the rule of law and their potential implications for U.S.-Turkey relations. In the subsequent exchange of views moderated by Everett Price, the panelists reflected on the international community’s role in promoting human rights, threats to academic freedom, and the potential for a renewed democratic trajectory in Turkey.
Smith Denounces Azerbaijan Law Criminalizing Online ‘Insults’ To PresidentTuesday, December 06, 2016
WASHINGTON—Following the amendment of Azerbaijan's criminal code last week, Helsinki Commission Chairman Rep. Chris Smith (NJ-04) made the following statement: “Make no mistake, anyone imprisoned under the new provisions of Azerbaijan’s criminal code – which make online ‘insults’ of the president a punishable offense – will be a political prisoner. These new provisions clearly violate international human rights standards and Azerbaijan’s OSCE commitments. I urge the government of Azerbaijan to repeal these provisions and to release political prisoners, including Ilgar Mammadov, Seymur Haziyev, and Abdul Abilov, who have been wrongly jailed for criticizing the government.” Chairman Smith is the sponsor 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.
Helsinki Commission to Probe Crisis of Human Rights in TurkeyMonday, December 05, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “TURKEY: HUMAN RIGHTS IN RETREAT” Friday, December 9, 2016 2:00 PM Rayburn House Office Building Room 2255 Respect for human rights in Turkey has declined dramatically since the failed coup attempt on July 15, 2016. Though the international community agrees that the Turkish government has the right to pursue justice against those who sought to overthrow it, Ankara’s reaction to the coup attempt has swept aside international human rights standards. Five months after the coup attempt, the Turkish government maintains sweeping state of emergency decrees, shuttering educational institutions, civic associations, and media organizations and arresting, suspending, or firing tens of thousands of people alleged to have conspired with the coup plotters, oftentimes with little to no credible documentation. These measures, along with dramatic changes to the country’s judicial system and further changes planned to the country’s constitution, are transforming Turkish society and raising serious questions about the future of Turkish democracy. Panelists will review the ongoing crackdown in Turkey; discuss the broad authority the government enjoys under the state of emergency; raise areas of concern regarding human rights and rule of law; and evaluate the implications of these developments for Turkish institutions and society. The discussion will also focus on policy options for the incoming U.S. Administration and U.S. Congress to consider when shaping relations with Turkey in coming years. The following experts are scheduled to participate: Dr. Y. Alp Aslandogan, Executive Director, Alliance for Shared Values Dr. Nicholas Danforth, Senior Policy Analyst, Bipartisan Policy Center Dr. Karin Karlekar, Director, Free Expression at Risk Program, PEN America Additional panelists may be added.
Ongoing Human Rights and Security Violations in Russian-Occupied CrimeaThursday, November 10, 2016
In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The situation in Crimea is bleak, and continues to deteriorate both from a democracy and human rights viewpoint, as well as a security standpoint. The experts at this briefing examined the current state of affairs in the region in the face of Russian aggression, analyzed the response of the international community, and discussed how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. Helsinki Commission staff member Orest Deychakiwsky opened the briefing with a brief introduction on the current situation in Crimea. Mr. Deychakiwsky noted that this important briefing took place on the 40th anniversary of the founding of the Ukrainian Helsinki Monitoring Group in November of 1976. Ms. Shulyar and Mr. Berezovets both spoke on the illegality of the Russian occupation of Crimea and the flagrant human rights violations that have been perpetrated by Russian forces against the people of Crimea. Ambassador Herbst then spoke on the political and security challenges facing the West in regards to the situation in Crimea. Finally, Mr. Goble spoke on the challenges to the international system that Putin’s aggression in Crimea and Ukraine represents. All participants stressed the necessity for continued U.S. involvement in Ukraine to counter Russian aggression and to uphold the principles of the OSCE.
Human Rights, Military Security in Crimea under the Microscope at Upcoming Helsinki Commission BriefingWednesday, November 02, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: Ongoing Human Rights and Security Violations in Russian-Occupied Crimea Thursday, November 10, 2016 2:00 PM Rayburn House Office Building Room B-318 In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The briefing will examine the current state of affairs in the region in the face of Russian aggression, analyze the response of the international community, and discuss how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. The following panelists are scheduled to participate: Oksana Shulyar, Embassy of Ukraine to the United States John E. Herbst, Director, Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine Paul A. Goble, Editor, Windows on Eurasia; Professor, The Institute of World Politics Taras Berezovets, Founder, Free-Crimea Project, Kyiv, Ukraine
Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCEThursday, September 22, 2016
WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators. “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith. “Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued. “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.” Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” “There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria. Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09). In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.
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.