Name

Freedom of Movement

All OSCE participating States have committed themselves to respect the internationally recognized human rights to freedom of movement and residence within the borders of each state, as well as to leave any country, including one’s own. In the 1990 Copenhagen Document, the states also affirmed that “freer contacts among their citizens are important in the context of the protection and promotion of human rights and fundamental freedoms.”  Freedom of movement was an especially salient issue during Communist times, when the Soviet Union and other Soviet-dominated countries severely limited emigration, family reunification, family visits and other human contacts.  While respect for freedom of movement has come a long way since then, the right to leave and return to one’s country still eludes many citizens in the OSCE region. Several OSCE participating States inhibit external and internal movement through exit visa regimes and other mechanisms that frequently target activists, human rights defenders and political opposition figures.

Throughout the decades, the Commission has addressed violations of freedom of movement in various participating States, in hearings and briefings, meetings with representatives of governments and parliaments of countries of concern, statements, letters and other venues. The Commission has also contributed to official U.S. efforts to raise freedom of movement violations, including statements at the annual OSCE Human Dimension Implementation Review meetings. 

  • Related content
  • Related content
Filter Topics Open Close
  • Belarus: The Ongoing Crackdown and Forces for Change

    Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.

  • Russia: U.S. Congressmen Propose Sanctions in Lawyer’s Death

    Members of the United States Congress introduced legislation on Wednesday that would impose financial sanctions and visa bans on Russian officials implicated in the case of Sergei L. Magnitsky, a Russian lawyer who died in prison in Moscow in November after being ensnared in tax inquiry. The measure’s sponsors — including Senator Benjamin L. Cardin, a Maryland Democrat, and Representative Jim McGovern, a Massachusetts Democrat — said it was intended to spur the Russian government to properly investigate Mr. Magnitsky’s death. His defenders contend that he was jailed in an effort to force him to falsify testimony against Hermitage Capital Management, a major foreign investment fund that once had large holdings in Russia. His death caused widespread outrage and focused renewed attention on police tactics and corruption in Russia.

  • U.S. Lawmakers Push Visa Sanctions in Russian Case

    More than 60 Russians linked to the death of an anti-corruption lawyer would be barred from the United States and its financial markets under a bill introduced in the Congress on Wednesday. The measure says that sanctions would be lifted only after Russia brings to justice those responsible for the 2009 death of Sergei Magnitsky, a lawyer for what was once Russia's top equity fund, Hermitage. But the bill, introduced by Senator Benjamin Cardin and Representative James McGovern, both Democrats, faces a steep climb to get passed before Congress completes its work for the year. Human rights activists charge that Russian authorities subjected Magnitsky to conditions amounting to torture in a failed bid to force him to testify in their favor in a battle with Hermitage over a $234 million tax fraud scheme. Magnitsky died after being repeatedly denied medical treatment in pre-trial detention. He had accused Russian officials of stealing the millions of tax dollars paid by his client. A Democratic aide said the bill has drawn bipartisan interest and lawmakers might get to it when they return to Washington after the November 2 congressional election for what is expected to be a final few weeks of work. "Nearly a year after Sergei's death, the leading figures in this scheme remain in power in Russia," said Cardin, who also chairs the human rights monitoring U.S. Helsinki Commission, an independent federal agency. "If we expect any measure of justice in this case, we must act in the United States," said Cardin. "At the least, we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country."

  • Opening a Second Front

    The death in prison of Sergei Magnitsky, a young Russian lawyer, remains one of the darkest scandals in the blotchy history of Russia's criminal justice system, exemplifying a culture of impunity in which power and wealth are fungible, and those who get in the way get squashed. Mr Magnitsky died of untreated pancreatis in pre-trial detention. He hadaccused Russian officials of stealing millions of tax dollars paid by his client, Hermitage Capital Management. Energetic lobbying by the head of Hermitage, the American-born financier Bill Browder, now seems to be getting somewhere. Two senior American lawmakers, Senator Benjamin L. Cardin (a Democrat from Maryland), who is Chairman of the congressional Helsinki Commission and James P. McGovern (a Democratic congressman from Massachussetts), who chairs the Tom Lantos Human Rights Commission, have introduced laws that would prohibit some 60-odd Russian officials linked to his death from visiting the United States, and freeze any assets they hold under American jurisdiction. (The Russian officials concerned have either made no public comment, or deny all wrongdoing). Mr Cardin said: “Nearly a year after Sergei’s death, the leading figures in this scheme remain in power in Russia. It has become clear that if we expect any measure of justice in this case, we must act in the United States...At the least we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country.” Mr McGovern said: “I have introduced the ‘Justice for Sergei Magnitsky Act of 2010’ in the House of Representatives as a direct consequence of the compelling testimony at a hearing on human rights in the Russian Federation in the Tom Lantos Human Rights Commission. The death of this courageous whistleblower in a Russian prison is the consequence of an abysmal prison system and corruption aimed at defrauding the Russian Treasury of billions. We know about Sergei Magnitsky, and we know about Mikhail Khodorkovsky, but how many more Magnitskys and Khodorkovskys are currently suffering in Russian prisons? My bill addresses the root causes of these severe human rights violations -- the Russian prison system and official corruption. We should not rest until justice is achieved in Sergei’s case, and the money is returned to its rightful owners -- the people of the Russian Federation."

  • Iraqis Face Threat

    The United States has a "moral obligation" to resettle tens of thousands of Iraqis who helped U.S. troops and civilian groups and who now face death threats from al Qaeda terrorists, members of Congress told Secretary of State Hillary Rodham Clinton and Defense Secretary Robert M. Gates. In letters to the two Cabinet members, the seven senators and 15 House members complained that the Obama administration is moving too slowly to grant visas to the doomed Iraqis and blamed bureaucrats for narrowly applying a law designed to relocate the Iraqis to the United States. They also warned Mrs. Clinton and Mr. Gates that time is running out, as the deadline for the end of U.S. combat operations looms at the end of August. The United States plans to draw down its 64,000 soldiers in Iraq to 50,000 and switch to a training and advisory role with the Iraqi army until a complete U.S. troop withdrawal by Dec. 31, 2011. "Resettlement to the United States could be the only safe option for thousands of our Iraqi employees," said Sen. Benjamin L. Cardin, Maryland Democrat and chairman of the congressional Commission on Security and Cooperation in Europe, who organized the letters with Co-chairman Rep. Alcee L. Hastings, Florida Democrat. "The United States has a moral obligation to stand by those Iraqis who have risked their lives and the lives of their families to stand by us in Iraq for the past seven years, and doing so is also in our strategic self interest," the letters said. "Providing support for our Iraqi allies will advance U.S. national security interests around the world, particularly in Afghanistan, by sending a message that foreign nationals who support our work abroad can expect some measure of protection." Al Qaeda and other terrorists have threatened to kill the Iraqis who aided the United States, denouncing them as traitors and collaborators. The members of Congress called for swifter processing of the 15,000 visas authorized under the Special Immigrant Visa Program, which has approved visas for only 2,145 Iraqis. They complained that U.S. consular officers are misinterpreting the program by considering only Iraqis who worked directly for the U.S. Embassy or for U.S. contractors and subcontractors and denying visas to Iraqis who worked for U.S.-funded nongovernmental organizations. Besides Mr. Cardin and Mr. Hastings, the signatories of the letter included Sen. Richard J. Durbin, Illinois Democrat and assistant majority leader; Sen. Richard G. Lugar, Indiana Republican and the ranking member of the Senate Foreign Relations Committee; and Rep. Howard L. Berman, California Democrat and chairman of the House Foreign Affairs Committee. AFRICAN STAR The story of Africa is too often written in blood by tyrants who oppress their people while enriching themselves. However, one nation in southern Africa has been the exception for decades. Botswana is a peaceful, democratic nation, prosperous by African standards. One of Botswana's best leaders is coming to Washington to serve as a public policy scholar at the Woodrow Wilson International Center for Scholars. Festus Mogae, president from 1998 to 2008, will study the way governments deal with AIDS, the deadly virus that ravaged the continent. "I look forward to interacting with knowledgeable people informed on issues in HIV/AIDS in Africa in the Wilson Center and around Washington," Mr. Mogae said last week after the Wilson Center announced his appointment. Mr. Mogae has been widely recognized for his efforts to combat AIDS and promote democracy. "We are delighted to welcome one of the world's most progressive leaders on the HIV/AIDS pandemic," said Steve McDonald, director of the Wilson Center's Africa program.

  • Copenhagen Anniversary Conference

    By Orest Deychakiwsky, Policy Advisor Representatives from a majority of the 56 OSCE participating States and several dozen non-governmental organizations (NGOs) gathered in Copenhagen on June 10-11 to mark the 20th anniversary of the adoption of the 1990 Copenhagen Document and to assess implementation of key provisions of that landmark document. The anniversary conference, titled “20 years of the OSCE Copenhagen Document: Status and Future Perspectives,” was co-organized by the Kazakhstani OSCE Chairmanship and Denmark, and held at the Eigtveds Pakhus, Danish Ministry of Foreign Affairs. Michael Haltzel led the U.S. delegation, which was joined by U.S. Ambassador to the OSCE, Ian Kelly and representatives from the OSCE Mission in Vienna, the State Department and the Helsinki Commission. Five substantive working sessions, reflecting some of the major themes of the groundbreaking Copenhagen Document, were held: Democratic processes – elections and human rights; Rule of Law; National Minorities; Freedom of Movement; and Measures to improve implementation of the human dimension commitments. Many speakers highlighted the historic importance of the Copenhagen Document, which offered a blueprint for pluralistic democratic development, rooted in the rule of law and protection of human rights, throughout the OSCE region – a revolutionary document at the time and one that remains highly relevant two decades later. The June 1990 Copenhagen Meeting came at a unique time in history when dramatic changes were taking place; the fall of the Berlin Wall and subsequent collapse of one-party regimes in Eastern Europe had taken place only months earlier. And the following year – 1991 -- witnessed the emergence of 15 independent states with the dissolution of the Soviet Union. Truly, those were dynamic days during which sweeping new commitments -- which would have been impossible to garner consensus for years or even months prior -- received universal support. Indeed, it is questionable as to whether consensus to the Copenhagen agreement would be found today, given the democratic and human rights backsliding that has occurred in a number of participating States. The Copenhagen Document underlines the centrality of political pluralism, civil society and human rights as fundamental elements of functioning democracies. As Ambassador Max Kampelman, the head of the U.S. delegation to the 1990 conference summed it up, “In effect, the Copenhagen document represents the first formal proclamation, by the States themselves, of a Europe both whole and free.” It identified the protection of human rights and fundamental freedoms as one of the basic purposes of government and acknowledged that democracy is an inherent element of the rule of law. Among the achievements of the Copenhagen Document were the far-reaching commitments on democratic elections which laid the groundwork for the OSCE’s future activities with respect to election observation. Copenhagen also represented a significant step forward with respect to the protection of minorities, and for the first time there was a direct reference to Roma and to anti-Semitism. While participants at the anniversary meeting underscored the significant progress over the last 20 years, many also called for fuller compliance with the Copenhagen commitments, noting, for instance, backsliding in holding democratic elections in some participating States; suppression of civil society, including independent media, NGOs and human rights defenders; the deficit of impartial and independent justice; and the lack of separation of powers – especially the concentration of power in the executive. The last session of the conference discussed measures to improve implementation of human dimension commitments, including the prevention of human rights violations through the use of reporting before the violations occur; enhancement of standards and commitments; strengthened monitoring mechanisms, including a U.S. proposal to dispatch special representatives to investigate reports of egregious human rights violations and make corrective recommendations before the violations become entrenched; and improved cooperation with, and involvement of, civil society actors in advancing democracy, human rights and the rule of law. Ultimately, however, compliance with existing standards enshrined in the Copenhagen Document, the Helsinki Final Act and all other OSCE commitments remains the primary responsibility of the participating State.

  • No Way Home, No Way to Escape: The Plight of Iraqi Refugees and Our Iraqi Allies

    This hearing, chaired by Sen. Benjamin L. Cardin (D-MD), focused on Iraqi nationals displaced by conflict. Commissioner Cardin asserted the continued need for action on this issue.  Witnesses from federal agencies and non-governmental organizations testified that many Iraqi refugees were having difficulty supporting themselves, as they were not allowed to work in their host countries.  Moreover, most felt that the current situation in Iraq remained too unstable for them to return.

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • Remarks on the Passing of Micah Naftalin, Leader of the Movement to Aid Soviet Jewry

    Madam Speaker, as Co-Chairman of the Helsinki Commission I wish to mark the recent passing of Micah H. Naftalin, an enthusiastic leader of the grassroots movement on behalf of oppressed Jews in the Soviet Union. His dedicated work contributed significantly in advancing the cause of refusals denied their right to leave the U.S.S.R. During the dark days of the Cold War, Micah was an impassioned champion for human rights for members of the Jewish community and others, including political prisoners, in the Soviet Union. Micah was similarly unwavering in his commitment to combat anti-Semitism and related violence, closely monitoring and reporting on developments in Eastern Europe and the former Soviet Union. He was appointed to the U.S. Holocaust Memorial Council in 1982, later serving as acting director. For more than two decades Micah served as national director of the Union of Councils for Jews in the former Soviet Union. He worked closely with the Helsinki Commission to advance democracy, human rights and the rule of law in Russia and elsewhere in the former Soviet Union. In 1993, he served as a public member on the U.S. delegation to the annual meeting to review implementation of human rights commitments by signatories to the Helsinki Final Act. In 2007, he helped found the Coalition Against Hate, a consortium of human rights NGOs from Russia, Ukraine and Belarus united in their efforts to monitor hate crimes. Madam Speaker, I join Chairman Ben Cardin and others on the Helsinki Commission in expressing our condolences to Micah's family and his many friends.

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

    By Robert A. Hand, Policy Advisor A bipartisan U.S. delegation traveled to Vilnius, Lithuania June 29 for the 18th Annual Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA). The delegation participated fully in the activity of the Assembly’s Standing Committee, the plenary sessions and the Assembly’s three General Committees. Helsinki Commission Chairman Senator Benjamin L. Cardin led the delegation, which included the following commissioners: Co-Chairman Congressman Alcee L. Hastings, Ranking Minority Member Chris Smith, and Senator Roger Wicker, Representatives Louise McIntosh Slaughter, Mike McIntyre, G.K. Butterfield and Robert B. Aderholt. Senate Assistant Majority Leader Dick Durbin, Senator George Voinovich and Representatives Lloyd Doggett, Madeleine Z. Bordallo and Gwen Moore also joined the delegation. Background of the OSCE PA The Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of more than 300 parliamentarians from each of the 56 countries, which stretch from the United States and Canada throughout Europe, the Caucasus and Central Asia. The Annual Sessions are the chief venue for debating international issues and voting on a declaration addressing human rights, democratic development, rule of law, economic, environmental and security concerns among the participating States and the international community. The United States delegation is allotted 17 seats in the Assembly. Robust Congressional participation has been a hallmark of the Parliamentary Assembly since its inception nearly 20 years ago, ensuring U.S. interests are raised and discussed. 18th Annual Session This year’s Annual Session, hosted by the Parliament (Seimas) of Lithuania from June 29 to July 3, brought together more than 500 participants from 50 of the 56 OSCE participating States under the theme: “The OSCE: Addressing New Security Challenges.” The Standing Committee -- the Assembly’s leadership body (composed of Heads of Delegations from the participating States and the elected officers) -- met prior to the Annual Session. Senator Cardin, as Head of Delegation and an OSCE PA Vice President, represented the United States. Chaired by the OSCE PA President, Portuguese parliamentarian João Soares, the committee heard reports from the Assembly’s Treasurer, German parliamentarian Hans Reidel, and from the Assembly’s Secretary General, R. Spencer Oliver of the United States. The Assembly continues to operate well within its overall budget guidelines and to receive positive assessments from auditors on financial management. The committee unanimously approved the proposed budget for 2009-2010. The Standing Committee also approved several changes in the OSCE PA’s Rules of Procedure, especially related to gender balance and the holding of elections for officers, as well as 24 Supplementary Items or resolutions for consideration in plenary or committee sessions. The committee brought up as an urgent matter a resolution regarding the detention of Iranian citizens employed by the British Embassy in Tehran. Senator Cardin spoke in support of the resolution. With the Standing Committee’s business concluded, Assembly President Soares opened the Inaugural Plenary Session, stressing in his opening remarks the need for OSCE reform. The first session concluded with a discussion of gender issues led by Swedish parliamentarian Tone Tingsgaard that included comments from Rep. Gwen Moore. A Special Plenary Session the next day was scheduled to accommodate the OSCE Chair-in-Office, Greek Foreign Minister Dora Bakoyannis, who had just presided over an informal meeting of OSCE foreign ministers in Corfu, Greece, to launch a new, high-level dialogue on European security. Senator Cardin attended the Corfu meeting as a representative of the OSCE Parliamentary Assembly. Following her speech, Bakoyannis engaged in a dialogue with parliamentarians on a number of OSCE issues. Lithuanian Foreign Minister Vygaudas Usackas also addressed the special session. Lithuania will chair the OSCE in 2011. U.S. Member Involvement The U.S. delegation actively participated in the work of the Assembly’s three General Committees – the first committee for Political Affairs and Security; the second for Economic Affairs, Science, Technology and the Environment; and the third on Democracy, Human Rights and Humanitarian Questions. Each committee considered its own draft resolution, prepared by an elected Rapporteur, as well as 23 of the 25 Supplementary Items. Two Supplementary Items, including one by President Soares on Strengthening the OSCE, were considered in plenary session. Representatives Chris Smith, Mike McIntyre, and Gwen Moore each proposed resolutions that were adopted dealing with freedom of expression on the Internet, international cooperation in Afghanistan, and prevention of maternal mortality respectively. Members of the U.S. delegation were also instrumental in garnering support for Supplementary Items introduced by others, co-sponsoring eight resolutions introduced by delegations of other countries. The U.S. delegation was responsible for 26 amendments to either the committee draft resolutions or various Supplementary Items. Chairman Cardin proposed climate-related amendments to a resolution on energy security and suggested the OSCE initiate work with Pakistan in the resolution on Afghanistan. Co-Chairman Hastings worked on numerous human rights and tolerance issues. Other amendments were sponsored by: Sen. Durbin on improving international access to clean water; Sen. Voinovich on combating anti-Semitism; Sen. Wicker on preserving cultural heritage; Rep. Smith on preventing the abuse of children; and Rep. Butterfield on responding to climate change. Bilateral Meetings The U.S. delegation also engaged in a variety of activities associated with the Annual Session, holding bilateral meetings with the delegations of Russia and Georgia focusing on their respective internal political developments and the tension in the Caucasus since Russia invaded Georgia last August and then sought to legitimize breakaway regions. Separate meetings were also held with Lithuanian President Valdas Adamkus and other Lithuanian leaders, at which the delegation pressed for new laws to resolve outstanding claims of property seized during the Nazi and Communist eras. The delegation also presented President Adamkus a letter from President Barack Obama on the occasion of the 1000th anniversary of the first written reference to Lithuania. Members of the U.S. delegation attended a working lunch to discuss gender issues, hosted by Swedish parliamentarian Tingsgaard. A variety of social events, including a reception hosted by the British delegation at their embassy, afforded numerous informal opportunities to discuss issues of common concern. U.S. Leadership As a demonstration of active U.S. engagement, a Member of the U.S. Congress has always held some elected or appointed leadership role in the OSCE PA. The Vilnius Annual Session has allowed this to continue at least through July 2012. Chairman Cardin was reelected to a three-year term as one of nine Vice Presidents, a very welcome development given his long record of OSCE engagement going back to his years in the House of Representatives. Rep. Aderholt, who has attended every OSCE PA Annual Session since 2002 and often visits European countries to press human rights issues, was elected Vice Chair of the third General Committee, which handles democracy and human rights. President Soares was reelected for a second term and selected Rep. Smith to serve as a Special Representative on Human Trafficking and asked Co-Chairman Hastings to continue serving as Special Representative on Mediterranean Affairs. An unfortunate development in the election of new officers is the absence of a representative of the Russian Federation. Because the United States government may disagree so substantively with current Kremlin policies, the U.S. government has always felt it critical to welcome Russian engagement in the OSCE PA. It was, therefore, a disappointment that the head of the Russian Federation delegation, Alexander Kozlovsky, reversed course and decided not to run for a Vice Presidency seat and more disappointing that a political bloc at the OSCE PA defeated Russian incumbent Natalia Karpovich as rapporteur of the Third Committee. Karpovich had been accommodating of U.S. human rights initiatives in her draft resolution. Vilnius Declaration Participants at the closing plenary session adopted the final Vilnius Declaration -- a lengthy document which reflects the initiatives and input of the U.S. delegation. Among other things, the declaration calls for strengthening the OSCE in order to enhance its legitimacy and political relevance; addresses conventional arms control, disarmament and other security-related issues of current concern in Europe; calls for greater cooperation in the energy sector and better protection of the environment; and stresses the continued importance of democratic development and respect for human rights, especially as they relate to tolerance in society and freedom of expression. The most contentious part of the declaration related to the promotion of human rights and civil liberties twenty years after the fall of the Berlin Wall, which included language noting the 70th anniversary of the Molotov-Ribbentrop Pact. While some of the language may have been provocative, strong Russian objections to the entire text appeared to be motivated by a desire to defend a Stalinist past and minimize its crimes. The Russian delegation’s effort to block passage of this resolution reflects a similar sentiment in Moscow that recently led to the creation of a widely-criticized commission "for counteracting attempts to falsify history to the detriment of Russia's interests." As a July 9 column for The Economist noted about recent Russian efforts to excuse Stalinism, the “debate in Vilnius makes it a bit harder to maintain that stance.” Some of Russia’s traditional friends and allies in the OSCE PA were noticeably absent from the debate. The Balkans While the Congressional delegation’s work focused heavily on representing the United States at the OSCE PA, the trip afforded an opportunity to advance U.S. interests elsewhere in Europe. While Co-Chairman Hastings traveled to Albania to observe that country’s first parliamentary elections since becoming a NATO member earlier this year, the rest of the delegation visited Bosnia-Herzegovina. Bosnia-Herzegovina is still recovering from the conflict in the 1990s and the associated horrors of the Srebrenica genocide and massive ethnic cleansing. The reverberations of the conflict continue to hinder prospects for European and Euro-Atlantic integration. The United States was instrumental in bringing the Bosnian conflict to an end in 1995, especially with the negotiation of the Dayton Agreement, and the United States has invested considerable financial, diplomatic and military resources in the post-conflict period. The visit came one month after Vice President Joe Biden visited Sarajevo with a message of renewed U.S. engagement in the Balkans. While meetings with Bosnian political leaders revealed little willingness to work constructively toward constitutional reform needed for an effective central government, a meeting with English-speaking university students revealed a refreshing desire to overcome ethnic divisions and move the country forward. Belarus Given its proximity to Vilnius, members of the Congressional delegation visited Minsk, the capital of Belarus, to press for greater democracy and respect for human rights in that country. Belarus has remained a repressive state over the years even as its European neighbors have transitioned from being former Soviet or Warsaw Pact states to EU and NATO members or aspirants. Following a delegation meeting with President Alexander Lukashenka, Belarusian authorities released imprisoned American Emanuel Zeltzer, who was convicted of espionage in a closed trial and had numerous health concerns. The delegation also urged for greater progress in meeting the conditions in the Belarus Democracy Act passed by the U.S. Congress in 2004 and reauthorized in 2006. A meeting with political activists provided useful information on the situation for political opposition, non-governmental organizations and independent media. Finally, the delegation pressed Belarus’ officials to allow for an increased U.S. diplomatic presence in the country. In response to expanding U.S. sanctions, Minsk kicked out 30 diplomats last year, including the U.S. ambassador, leaving a staff of five at the U.S. Embassy. During the course of the Vilnius Annual Session, Senator Voinovich also broke away for a brief visit to Riga, Latvia. That visit was among the highest level visits from a U.S. official in three years, and was important for our relations with this NATO ally, which has deployed troops with Americans in Afghanistan without caveat and recently suffered losses which easily impact such a small country. U.S. interests abroad are advanced through active congressional participation in the OSCE PA. The 19th Annual Session of the OSCE Parliamentary Assembly will be held early next July in Oslo, Norway.

  • Helsinki Commission Staff Examine Impact of International Efforts in Kosovo on Human Rights

    By Clifford Bond and Robert Hand Helsinki Commission Staff In early December 2008, Helsinki Commission staff visited Kosovo to review the changing mandates of a wide range of international actors in Kosovo. The visit coincided with the European Union’s deployment of a Rule of Law Mission in Kosovo, known as EULEX, which took place successfully but revealed the potential for regional instability. The Commission staff delegation met with a variety of international and local actors in Pristina, Kosovo’s capital. It traveled to the Visoki Decani, a monastery of the Serbian Orthodox Church where it met with church representatives, and to the nearby town of Peja/Pec where it met with field representatives of the International Civilian Office (ICO) and the OSCE. The delegation also visited both sides of the divided northern city of Mitrovica where it visited displacement camps and the rebuilt neighborhood for the city’s Romani population in addition to other meetings. The International Community Kosovo asserted its independent statehood in February 2008, in the context of the plan put forward by former Finnish President, UN official, and Nobel laureate Martti Ahtisaari. In so doing, Kosovo’s leadership pledged to implement the plan in full, which means accepting international supervision and providing decentralized authority and numerous rights and privileges to the Serb and, to a lesser extent, other minority communities. The Ahtisaari plan, however, assumes agreement by all parties, but Serbia, backed by Russia at the United Nations, refuses to accept the loss of what it considers still to be its province. The United States and most European countries have recognized Kosovo’s independence, but a few European Union members remain either reluctant or strongly against doing so, either due to ties with Serbia or fear of separatist movements within their own borders. Spain was frequently singled out as the one country that not only opposes Kosovo’s independence but seems intent on undermining its recognition by others. Combined with the widespread need for consensus decision-making, most of the international community’s field missions must, to one degree or another, act neutrally on questions of status, to the detriment of their effectiveness and the enormous frustration of Kosovar Albanians who desire that Kosovo’s independence be respected. The EULEX deployment brought these differing perspectives to the fore. In order to obtain an EU-wide agreement, a UN blessing and the acquiescence of Belgrade and local Serbs under Belgrade’s control, a compromise effort known as the UN Secretary General Ban Ki-moon’s “6-point plan” was put forward that prompted angry protest among the Kosovar Albanian majority and an official rejection from Pristina. Posters throughout the city proclaimed EULEX to be “Made in Serbia”. After several delays and despite continued ambiguity regarding which government was the actual host, the Mission deployed on December 9 throughout Kosovo, not just in areas under Pristina’s control. That the deployment proceeded smoothly and peacefully was viewed as a success, although ambiguities purposefully placed in its mandate to allow both Albanians and Serbs to maintain their positions, as well as the lack of political oversight and coordination among EULEX’s three areas of responsibility (police, courts and customs), likely mean that EULEX will face additional tests of its resolve in the future. For now, the most noteworthy result of the deployment is the anticipated end of inefficient UNMiK operations, which have come to symbolize the holding pattern in which Kosovo has found itself since 1999. The deployment could also signal a more cooperative tone among Kosovo’s Serbs. In northern Mitrovica and contiguous areas bordering Serbia, there are signs that Belgrade may no longer support more militant and corrupt Kosovo Serb leaders. In the enclaves to the south, where the majority of Kosovo Serbs live, there may also be more room for local accommodation and inter-ethnic cooperation, with questions of status put to the side. Following Serbian elections in May that strengthened pro-democratic and pro-European forces in society, Belgrade seems to want at least more transparency and accountability in the “parallel institutions” it has so far financed, and it may try to reduce its subsidies. It also seems to want to avoid violence, especially any violence that could be blamed on the Serb side. It is unclear how far it will push to assert control and responsibility in light of UNMiK’s dwindling role, or whether it will allow EULEX and eventually the ICO to fill the void. Unfortunately, divisions within the European Union almost invite continued Serbian intransigence. Without being given a clear choice between trying to hold onto Kosovo and achieving European integration, the Serbian Government still plays the “Kosovo card,” which garners popular support at home without any apparent repercussions. The situation on the Kosovar Albanian side is a bit clearer. Despite internal political posturing, there is really little difference within this community when it comes to defending Kosovo’s independence. The deliberations that led the EULEX deployment pushed the Kosovo government about as far as it could go. While the achievement of independence has so far made the Ahtisaari plan worth embracing, many of its provisions relating to Serb communities have been no easy sell, especially in the many localities where nationalism and intolerance continue to prevail. When governments of European countries which have recognized Kosovo’s independence nevertheless treat it as something less than an independent and sovereign state, the Kosovars are naturally outraged and increasingly distrustful. This could be countered somewhat by the establishment of embassies in the capitals of those countries who have thus far recognized Kosovo, particularly in Europe, staffed by competent diplomats in order to ensure that the Kosovo point-of-view is made clear to policy-makers. The United States should also counter European diplomatic tendencies to placate traditional regional powers and treat the new states of Europe as second-class states. In the meantime, as those in government may try to adhere to their Ahtisaari commitments, those in opposition have also been able to capitalize on the situation. This poses a challenge to Kosovo’s shaky democratic institutions, which are still very much in transition. Some have expressed concern that the further development of democratic capacities could be thwarted by the need to meet unpopular international demands. While EULEX moves forward and UNMiK winds down, other international players need to find their role. As one analyst commented, the international community has lost the coherence of its structure and has become a confusing maze to local parties. The International Civilian Office is perhaps the most important, yet vulnerable, of the current players. A creation of the Ahtisaari plan, it is by definition not status neutral, and has a relatively strong mandate to supervise post-status Kosovo. Serb opposition to cooperation with the ICO makes this difficult, but the hesitancy of the status-neutral players to cooperate, coordinate and support the ICO will severely weaken its effectiveness to Kosovo’s long-term detriment. The OSCE Mission in Kosovo, the organization’s largest, is facing even more difficult times. Once known for its solid monitoring of events throughout Kosovo and for developing democratic capacity, the early threat of Belgrade and Moscow to close the Mission cast a shadow over its future and a considerable portion of its personnel have moved to the ICO or otherwise left the OSCE in Kosovo. Mission leadership has also been controversial; while this may have stabilized with a new Head of Mission, the OSCE lost some serious ground. Most interlocutors felt that the Mission is a bit oversized, and needs to focus on core areas such as promoting free media, human rights and inter-ethnic dialogue, where the OSCE has genuine expertise and credibility. KFOR, the NATO-led peacekeeping force, seems to be the one constant of the international presence that garners unquestioned respect and seems prepared to handle whatever instability may lie ahead. It is the acknowledged last resort for providing security, but its presence helps ensure a security baseline that will deter provocations and enhance confidence at the local level. KFOR representatives seem confident that lessons were learned from the violence of 2004 and that greater flexibility across lines of operations, more consistent rules for engagement and an unwillingness to let the particulars of status from getting in its way will be effective in keeping the peace in Kosovo. A Need for Dialogue Many of the problems which exist among both the Kosovar Albanian majority and the Kosovo Serb minority could be resolved through greater dialogue, both within Kosovo and between Belgrade and Pristina. There is some effort to achieve this through civic organizations and religious institutions, as well as business contacts. There is also some interaction in technical areas such as regarding missing persons from the 1998-99 conflict, or in the reconstruction of churches and other religious sites damaged or destroyed in the March 2004 riots. Unfortunately, a suitable venue for direct contact between Belgrade and Pristina needs to be found. Pristina is ready, at least in principle, but Belgrade is not. One area where the Kosovo authorities could act more swiftly, without precondition, and likely to their own long-term benefit, is the resolution of outstanding property claims. The resolution of property claims is a major hindrance to the return of displaced persons, and it holds up legal usage of property even when a return is unlikely. In some cases at least, displaced Serbs and others may only wish to get their property back so they can sell it. While there may be solid reasons for wanting to encourage displaced persons to return to Kosovo -- and some efforts to do this were underway in December – ultimately each individual needs only the opportunity to make a free choice. To do this, those with outstanding property claims need to have their cases resolved. The issue of property claims came up repeatedly in meetings, and seems a greater issue than security and freedom of movement at present. Some hope the EULEX deployment could provide a second chance for property restitutions and returns. Both sides, but especially some Kosovo leaders who formerly fought with the Kosovo Liberation Army (KLA), could probably also help facilitate the resolution of more missing persons cases, of which just under 2,000 remain. While there has been success in bringing government representatives and surviving family members together under international auspices, local efforts to help locate grave sites appear to be half-hearted, at best. It is unlikely that progress in this area will enhance community reconciliation efforts in any major way, but a positive signal to do more could lead to a broadening of dialogue on other issues. Ultimately, this remains a humanitarian issue that deserves additional effort no matter what. At present, Kosovo authorities seem committed to implementing the Ahtsaari plan in its entirety. Relevant laws have been passed, and those involved in developing local self-government seem committed to implementation. The real test, of course, will come when the Kosovo Serbs decide to respond and engage and are able to do so without worry of retribution from Belgrade. One local analyst noted that developing the necessary trust between the two sides will be a process, and should be taken one step at a time rather than pushed. The Plight of Roma in the North A continual concern to the Helsinki Commission has been the plight of displaced Roma in northern Mitrovica, most of whom fled their original neighborhood, or mahalla, which was destroyed in 1999. Growing criticism of the conditions in the camps, particularly the health hazards caused by lead contamination, finally convinced the international community in 2005 first to establish a temporary relocation facility that was safer and to make a concentrated effort to rebuild housing where the original mahalla in the south was located. Romani families resisted the move, due to warranted lack of trust in the international community and a lack of awareness of how severe the health threat really was. Local Serbian leaders as well as Romani community leaders living elsewhere in Europe, however, originally also did much to discourage the move, both benefiting from a situation in which successful returns did not take place. Commission staff visited the last of the original camps, Cesmin Lug, as well as the new camp adjacent to it, a former KFOR base known as Osterode. They also visited the original mahalla, which had additional apartment buildings and some private houses constructed since the last Commission visit in May 2007. Despite the availability of housing, residents of the camps continue to resist moving, despite continued concerns about health conditions. Local Serbian leaders, who now want the land where Osterode is located, seem no longer to be discouraging the move, and Roma living abroad likewise seem to have less influence on the situation. Security for Roma in the south, once a concern, seems less so now. Those who remain in the camps seem primarily motivated by a continued distrust of the international community as well as lingering hopes for a better offer. The inability of the local economy to provide income, particularly in the south, also plays a significant role, as does the desire to keep children in Serb-run schools, despite being segregated into separate classes. Meanwhile, there is increasing pressure from foreign governments to prioritize the resettling of Kosovo Roma they intend to deport, rather than those displaced in Kosovo and living in camps. It is clear that, while there has been some progress on this issue, a limited set of additional options will need to be considered to resolve the situation, including the possibility of permanent resettlement in the north.

  • OSCE Partner States and Neighbors Overwhelmed By Iraqi Refugees: Band-Aid Solutions to Implosion in the Middle East?

    This hearing, chaired by Commissioner Alcee L. Hastings, focused on the Iraqi refugee crisis.  Witnesses from the U.S. Department of State, Homeland Security, the United Nations High Commissioner for Refugees testified on the overall situation.  The mayor of Sodertalje, Sweden, which has taken in 5% of all Iraqi refugees, testified about the strain on his town’s resources and the need for action to address the crisis.  A representative of the Arab Community Center for Economic and Social Service testified that many more resources were needed to successfully integrate Iraqi refugees into American communities.

  • Recognizing the 50th Anniversary of the Treaty of Rome

    Mr. WEXLER. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 230) recognizing the 50th Anniversary of the Treaty of Rome signed on March 25, 1957, which was a key step in creating the European Union, and reaffirming the close and mutually beneficial relationship between the United States and Europe. The Clerk read as follows: H. Res. 230 Whereas, after a half century marked by two world wars and at a time when Europe was divided and some nations were deprived of freedom, and as the continent faced the urgent need for economic and political recovery, major European statesmen such as Robert Schuman, Jean Monnet, Paul-Henri Spaak, Konrad Adenauer, Alcide de Gasperi, Sir Winston Churchill, and others joined together to lay the foundations of an ever closer union among their peoples; Whereas on March 25, 1957, the Federal Republic of Germany, France, Italy, Belgium, the Netherlands, and Luxembourg signed the Treaty of Rome to establish a customs union, to create a framework to promote the free movement of people, services, and capital among the member states, to support agricultural growth, and to create a common transport policy, which gave new impetus to the pledge of unity in the European Coal and Steel Agreement of 1951; Whereas to fulfill its purpose, the European Union has created a unique set of institutions: the directly-elected European Parliament, the Council consisting of representatives of the Member States, the Commission acting in the general interest of the Community, and the Court of Justice to enforce the rule of law; Whereas on February 7, 1992, the leaders of the then 12 members of the European Community signed the Treaty of Maastricht establishing a common European currency, the Euro, to be overseen by a common financial institution, the European Central Bank, for the purpose of a freer movement of capital and common European economic policies; Whereas the European Union was expanded with the addition of the United Kingdom, Denmark, and Ireland in 1973, Greece in 1981, Spain and Portugal in 1986, a unified Germany in 1990, Austria, Finland, and Sweden in 1995, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia in 2004, and Bulgaria and Romania in 2007, making the European Union a body of 27 countries with a population of over 450 million people; Whereas the European Union has developed policies in the economic, security, diplomatic, and political areas: it has established a single market with broad common policies to organize that market and ensure prosperity and cohesion; it has built an economic and monetary union, including the Euro currency; and it has built an area of freedom, security, and justice, extending stability to its neighbors; Whereas following the end of the Cold War and the disintegration of the Soviet Union, the European Union has played a critical role in the former Central European communist states in promoting free markets, democratic institutions and values, respect for human rights, and the resolve to fight against tyranny and for common national security objectives; Whereas for the past 50 years the United States and the European Union have shared a unique partnership, mindful of their common heritage, shared values and mutual interests, have worked together to strengthen transatlantic security, to preserve and promote peace and freedom, to develop free and prosperous economies, and to advance human rights; and Whereas the United States has supported the European integration process and has consistently supported the objective of European unity and the enlargement of the European Union as desirable developments which promote prosperity, peace, and democracy, and which contribute to the strengthening of the vital relationship between the United States and the nations of Europe: Now, therefore, be it  Resolved, That the House of Representatives-- (1) recognizes the historic significance of the Treaty of Rome on the occasion of the 50th anniversary of its signing;  (2) commends the European Union and the member nations of the European Union for the positive role which the institution has played in the growth, development, and prosperity of contemporary Europe;  (3) recognizes the important role played by the European Union in fostering the independence, democracy, and economic development of the former Central European communist states following the end of the Cold War;  (4) acknowledges the vital role of the European Union in the development of the close and mutually beneficial relationship that exists between the United States and Europe;  (5) affirms that in order to strengthen the transatlantic partnership there must be a renewed commitment to regular and intensive consultations between the United States and the European Union; and  (6) joins with the European Parliament in agreeing to strengthen the transatlantic partnership by enhancing the dialogue and collaboration between the United States Congress and the European Parliament.  I first want to thank Chairman Lantos for introducing this resolution with me. If there is anyone in Congress who fully understands the significance of this moment, it is Congressman Lantos, who has been an unwavering supporter of the transatlantic alliance and the creation of the European Union. In addition, I want to thank the ranking member of the Europe Subcommittee, Mr. Gallegly, for his efforts in bringing this resolution to the floor. Mr. Speaker, on March 25, 1957, in an attempt to recover from destruction caused by two devastating world wars, six European nations, France, Italy, Belgium, The Netherlands, the Federal Republic of Germany, and Luxembourg, joined together in common interest to form the foundations of a new economic and political community. The resulting Treaty of Rome laid the framework to promote an ever closer union among the peoples of Europe. At that time, the Treaty of Rome provided for the establishment of a common market, a customs union and common policies, expanding on the unity already established in the European Coal and Steel Community. The founding members, keen on ensuring the past was not to be repeated, were particularly interested in the idea of creating a community of peace and stability through economic ties. The success of the European Economic Community inspired other countries to apply for membership, making it the first concrete step toward the creation of the European Union. The Treaty of Rome established the basic institutions and decision-making mechanisms still in place today. The European Union, now comprised of 27 countries and over 450 million people, is a unique and a historic example of nation-states transcending their former divisions, deciding to come together for the sake of freedom, peace and prosperity, and resolving their differences in the interest of the common good and rule of law. The success of the EU over the past 50 years has also benefited greatly the United States. Today, the United States and Europe enjoy a mutually beneficial relationship that has a long and established history. As the world's most important alliance, the U.S. and the EU are intimately intertwined, cooperating on regional conflicts, collaborating to address global challenges, and sharing strong trade and investment relations. It is clear that the strongest possible relationship between the United States and Europe is a prerequisite for addressing the challenges of the 21st century. The U.S. and EU are working closely to promote reform and peace in the Middle East, rebuild and enhance security in Afghanistan, support the goals of democratization and prosperity in Eastern Europe, the Caucasus, Balkans and Central Asia, prevent genocide in Darfur and end the violence and terrorism in Lebanon. The anniversary of the Rome Treaty is a reminder of the importance of the transatlantic alliance in an increasingly difficult global environment. However, the 50-year EU experiment is an example of the enduring possibilities of democratic transformation and a brighter future for millions. It is my hope that the EU will continue to keep its doors open and remain a beacon of hope to the citizens of Europe who aspire to obtain the peace and prosperity that have blossomed over the past 50 years. When Americans visit Europe today, it is hard to see how very damaged the countries of that continent were when they emerged from the destruction of the Second World War. American assistance played a very important role in rebuilding Western Europe in the 1940s and the 1950s, and American arms played a crucial role in protecting the democracies of Europe from the advance of Soviet communism during the Cold War. Ultimately, however, Europeans needed to do more on their own to build upon a foundation that the United States had first provided. The 1957 Treaty of Rome, signed by France, Germany, Italy, Belgium, The Netherlands, and Luxembourg was one of the first steps that Western Europe took to put the causes and the legacy of the Second World War behind them. The treaty established a free-trade region known as the European Economic Community, the cornerstone of what we today know as the European Union. A post-World War II economically ravaged Europe reasoned that if nations are linked economically, in this case by recalling the role that economic decline and hindered trade among nations had played in the years leading up to World War II, the creators of that free trade zone saw that the freedom of movement of goods, services, capital, and people might well prove to be a great deterrent to conflict between the states of Europe, large and small. Over the subsequent decades through the entry of new members and expansions both geographically across Europe and functionally across issues, the European Community grew beyond the original core membership of the 1950s and assumed responsibilities going well beyond trade. Today, the European Union indeed counts among its member states countries that once were under Soviet domination. It has worked to transfer more powers from its individual member states to the overall organization centered on the road to creating a more unified European foreign and security policy and making the European Union an organization that the United States increasingly looks to for leadership on transatlantic issues, joining the NATO alliances that continue to bind us together in that common cause. While the European Community continues to provide a framework within which to conduct international trade, such as multilateral trade negotiations with the United States, it has also advanced the cause of liberty, free markets, democratic institutions, and respect for human rights throughout the European continent. The Treaty of Rome was an important step in building on the foundation that the United States helped create after World War II for Europe. Today, we look to a strong Europe as seen in the expanded NATO and expanded and strengthened European Union as a foundation on which we can work together to address new and ever growing challenges. Therefore, with enthusiasm, Mr. Speaker, it is that this House should commemorate the 50th anniversary of the signing of this Treaty of Rome. Mr. HASTINGS of Florida. Mr. Speaker, I rise today to join with my colleagues in supporting H. Res. 230, a resolution recognizing the 50th anniversary of the Treaty of Rome, which was signed on March 25, 1957. The Treaty of Rome established a customs union--formally known as the European Economic Community--among six countries: Belgium, France, Italy, Luxemburg, the Netherlands, and the Federal Republic of Germany. Today, that customs union is known as the European Union, and now includes 27 countries spanning the length and breadth of Europe. Most importantly, it has grown into an institution that inspires countries to be their better selves. If one travels to Europe today, it may be hard to remember that, 50 years ago, the continent was still recovering from the second of the two world wars it had unleashed in less than half a century. It may be hard today to recall or imagine the magnitude of devastation that still scarred farmland and cities alike. It may be difficult to conceive of the bitterness, anger and thirst for revenge that bled across the continent like the blood of those fallen in war. The fact that Germany, a country that had unleashed a war of aggression against its neighbors just a few years before, was included in this new ``community'' was really nothing short of a minor miracle. Moreover, fifty years ago, Europe was still riven in two--no longer by a shooting war, but by a cold war. While a small group of nations was beginning the slow process of rebuilding their own countries and forging transnational relations based on cooperation, mutual trust, and mutual benefit, another part of the continent had fallen under the boot of communist dictatorship, where the Soviet Union exploited its neighbors, stripping them of wealth, prosperity, and opportunity for generations. Just one year before the Treaty of Rome was signed, the Soviet Union underscored its opposition to any independent foreign or economic policy on the part of East European countries--a message unequivocally sent by its invasion of Hungary. As the years passed, and the success of the European Economic Communities became ever more apparent, it is no surprise that more countries joined this union. Membership in Council of Europe, the European Union's sister organization and home of the European Court of Human Rights, helped pave the way for membership in the EU. Meanwhile, the NATO alliance created a zone of military security where the post-war citizens of Western Europe could build a zone of financial security. Since the fall of communism, there is no doubt that the aspiration of joining the European Union, much like the goal of joining the NATO alliance, has helped focus the attention of many countries on overcoming their past differences for a larger, common good that also brings substantial benefits to their own citizens. Today, I commemorate the 50th anniversary of the signing of the Treaty of Rome, and the new vision it held for the European continent, one that has helped spread peace and prosperity to nearly 500 million people.

  • Human Rights Abuses in Turkmenistan

    Mr. Speaker, as Co-Chairman of the U.S. Helsinki Commission and Vice Chairman of the House International Relations Committee, today I introduce this resolution on systemic human rights violations in Turkmenistan. Freedom House recently ranked Turkmenistan as one of the most repressive countries in the world. Along with cosponsors Representative Joseph R. Pitts and Representative Mike McIntyre, we seek to put the Government of Turkmenistan on notice that these policies must change and that the Congress expects improvements in human rights observance and democratization. The human rights situation in Turkmenistan remains abysmal. According to the State Department's Country Reports on Human Rights Practices, “Turkmenistan is an authoritarian state dominated by president-for-life Saparmurat Niyazov. . . . The government continued to commit serious abuses and its human rights record remained extremely poor.” Turkmenistan is a one-party state with all three branches of government controlled by President Niyazov, who was made “president-for-life'' by the rubber-stamp People's Council in 2003. No opposition is allowed and the state promotes a cult of personality around President Niyazov, the self-proclaimed “Turkmenbashi”--the father of all Turkmen. His likeness is on every public building and the currency. Authorities require that his self-styled spiritual guidebook, the Rukhnama, be taught in all schools and places of work. There are consistent reports of security officials physically abusing, torturing and forcing confessions from individuals involved in political opposition or human rights advocacy. The regime also continues the dreadful Soviet practice of using psychiatric hospitals to jail dissidents. In August, Radio Free Europe/Radio Liberty correspondent Ogulsapar Muradova and two Turkmenistan Helsinki Foundation members were sentenced to 6 and 7 years of imprisonment, respectively, for their involvement in a documentary about Turkmenistan. Sadly, Muradova died while in custody just three weeks later. The resolution therefore urges President Niyazov to, among other things, conduct a thorough investigation into the death of Muradova, free all political/religious prisoners, provide ICRC access to all Turkmen prisons, and allow peaceful political opposition parties to operate freely. The resolution also lays out recommended steps for U.S. action, should the government not improve respect for democratization, freedom of movement, human rights and religious freedoms. The abuses don't end with repressive actions against dissidents and reporters. Niyazov is also reportedly diverting billions of dollars of state funds into his personal off-shore accounts. The “father of all Turkmen” is pillaging his country and jeopardizing the future of its citizens. Consequently, the resolution urges the Government of Turkmenistan to “end the diversion of state funds into President Niyazov's personal offshore accounts, and adopt international best practices as laid forth by the International Monetary Fund regarding the disclosure and management of oil and gas revenues.'' In addition, the resolution urges the U.S. Government to encourage companies dealing in Turkmen gas to increase transparency, and to encourage the European Union and other countries not to enter into trade agreements with Turkmenistan until the “government demonstrates a commitment to implementing basic norms of fiscal transparency.” To further demonstrate the level of Congressional concern regarding the misappropriation of state resources, the resolution recommends the U.S. Government issue “a report on the personal assets and wealth of President Niyazov." In closing, Mr. Speaker, the purpose of this resolution is to bring to the attention of the Congress and the world the appalling human rights record of the Government of Turkmenistan. The resolution is timely, as the European Parliament will soon consider an enhanced trade relationship with Turkmenistan. I hope this resolution will be a catalyst for change and that President Niyazov will initiate serious and far-reaching reforms.

  • Helsinki Commission Leadership Condemns Kyrgyz Return of Uzbek Refugees

    Helsinki Commission Chairman Senator Sam Brownback (R-KS) and Co-Chairman Rep. Christopher H. Smith (R-NJ) expressed outrage about the forced return of Uzbek refugees by the Kyrgyz Government. Four refugees and one asylum seeker were deported on Wednesday to Uzbekistan, from which they had fled. “I am profoundly disappointed that Kyrgyzstan has forcibly returned these five individuals,” said Senator Brownback. “Kyrgyzstan did allow the UN to resettle to third countries the majority of refugees fleeing the Andijon shootings. I do not understand this change in policy, which certainly damages Kyrgyzstan’s international reputation. The consequences of this decision may be life threatening for the refugees.” “I urge President Bakiev to ensure this grave mistake is not repeated with other Uzbeks seeking shelter in Kyrgyzstan from the repressive Karimov regime,” added Senator Brownback. “I also urge President Karimov to allow the international community access to the returnees.” Four individuals were recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), which had reportedly found third countries to accept their resettlement. Despite repeated UNHCR requests to Kyrgyz officials to allow the transfer, Kyrgyz authorities deported all five individuals to Uzbekistan on Wednesday. UNHCR had not been granted sufficient access to the fifth individual to determine whether he qualified as a refugee. “The forcible return of refugees to Uzbekistan, an egregious human rights abuser, is unconscionable and outrageous,” said Rep. Smith. “I had hoped the United States had found a reliable partner in President Bakiev, but apparently he’s more interested in pleasing Tashkent by offering up these poor souls for likely mistreatment than in upholding international commitments.” “Considering this and the recent expulsion of two American diplomats on specious grounds, we should take a long and hard look at the policies coming out of Bishkek and how they will affect the bilateral relationship,” said Rep. Smith. The four Uzbeks were being detained in the southern Kyrgyz city of Osh for over one year due to an Uzbek extradition request. They were part of a larger group of over 400 refugees that crossed into Kyrgyzstan fleeing the shootings by Uzbek security forces in May 2005 in the Uzbek city of Andijon. UNHCR recognized the entire group as refugees under the 1951 UN Refugee Convention, to which Kyrgyzstan is a signatory. The group was transferred to Romania last year for resettlement processing. Under the nonrefoulement obligation of the UN Refugee Convention, Contracting States must not forcibly return individuals to situations where their life and freedom would be threatened. In addition, Kyrgyzstan is obligated by the UN Convention Against Torture to not return individuals if there are substantial grounds for believing they would be in danger of being subjected to torture.

  • Statement on Human Rights in Central Asia at the Carnegie Endowment for International Peace

    First, let me thank the organizers of this conference for inviting me to speak.  I applaud the co-sponsors for putting together this timely and sober gathering to mark the one-year anniversary of the Andijon events. I won’t bother talking to this audience about the human rights situation in Central Asia.  The State Department’s annual Country Reports on Human Rights Practices routinely characterize the human rights observance in each country as “poor.”   Some non-governmental organizations (NGOs) here today probably consider that too lenient, and I agree with them.   It’s not surprising that countries which emerged from 70 years of communism should have difficulties creating rule of law states.  But after 15 years of independence we should be seeing some separation of powers and a strong civil society.  Instead, we see “super-presidents,” who have overwhelmed legislatures and judicial systems.  Several have been in power for about 20 years, after rigged or canceled elections.  “Royal families” control the most lucrative sectors of the economy and the media. Of course, newspapers in Kazakhstan have more leeway than in Uzbekistan or Turkmenistan.  But even in Kazakhstan, reports on presidential misdeeds are taboo.    Only in Kyrgyzstan do we see a freer media and hope of more in the future.  And only in Kyrgyzstan is the president’s relationship with the other branches of power not yet set in a pattern of executive branch dominance.  Yet a Tulip Revolution was necessary last year to bring about change in Kyrgyzstan, which raises serious questions about prospects for evolutionary development toward democracy in Central Asia.   This brings us to Uzbekistan.  No Central Asian country worked harder during the last 15 years to develop good strategic relations with Washington and to counterbalance residual Russian influence. But the country’s terrible human rights record complicated the development of a closer relationship.  President Islam Karimov allows no opposition, torture is pervasive, for years human rights groups were unregistered, and Tashkent has waged war against Muslims who wanted to practice their faith outside state-approved channels.    Now, the Islamic Movement of Uzbekistan is a terrorist group affiliated with al-Qaeda, and Hizb-ut-Tahrir is virulently anti-Western and anti-Semitic.  But Karimov’s exclusive reliance on repression only exacerbates matters and has probably supplied cadres for radical and terrorist organizations.   After September 11, 2001, we needed Uzbekistan’s cooperation and Karimov was delighted to help.  Uzbekistan gave us a military base and the March 2002 agreement on strategic cooperation was signed in Washington.  We agreed to support Uzbekistan, and Uzbekistan pledged to move towards democracy. But Karimov only implemented the democratization commitments just enough for Tashkent and Washington to point to “progress.” Gradually, frustration grew on both sides.  It was just a matter of time before the arrangement collapsed.   People often date the breakdown of U.S.-Uzbek relations to the events that happened in Andijon on May 12 and 13, 2005. We did not condone the violent takeover of government buildings in that city.  But we condemned the indiscriminate shootings in the square that followed and when we called for an independent, international investigation, Karimov balked.    As we all know, he began to move against U.S. NGOs.  Few remain in Uzbekistan today.  Then we were unceremoniously booted out of the K-2 base.  But ties had actually soured long before, because Karimov saw the Stars and Stripes behind the Georgian, Ukrainian and Kyrgyz revolutions. Most alarming for Tashkent was the Tulip Revolution which proved that “people power” was possible in Central Asia.    Like President Putin, Central Asian leaders insist that a sinister hand, based in Washington but using American NGOs working in the region, plotted the downfall of Eduard Shevardnadze, Leonid Kuchma and Askar Akaev -- and is now gunning for them.  So a split has developed in Central Asia.  Kyrgyzstan, though plagued by criminality and sometimes seemingly chaotic, is better off than with the previous corrupt regime and well disposed towards the U.S.    Uzbekistan’s Karimov sees us as his greatest strategic danger; he has cracked down even harder and state-run media accuse us of trying to enslave Uzbekistan. Kazakhstan, Tajikistan and Turkmenistan are suspicious of our allegedly revolutionary goals but still want to maintain good ties – as long as they are not threatened by civil society.  And Kazakhstan and Turkmenistan surely assume that we want their oil and gas too much to stir the pot. What can we do about this?  How can we try to make things better, especially keeping in mind that U.S. influence is limited?   This week I will be re-introducing my Central Asia bill, to help ensure that the United States is doing everything possible to encourage these governments to respect human rights and democratization.  The act will also bring greater consistency to U.S. policy, creating a framework to guide our bilateral relations in Central Asia.   The Central Asia Democracy and Human Rights Promotion Act supports the President’s freedom agenda by providing $118 million in assistance for human rights and democracy training and $15 million for increased Radio Free Europe/Radio Liberty and Voice of America broadcasting.    The new Act will also establish a certification mechanism for the distribution of assistance to each government. The Secretary of State will determine whether each has made “significant improvements in the protection of human rights.”  This system will have a national security waiver and is modeled on the current system in Foreign Ops appropriations for Kazakhstan and expanded for all five countries.   In addition, considering the forced return of Uzbek refugees from Kyrgyzstan and Kazakhstan, the new Act will require the Secretary of State to report on whether any government is “forcibly returning Uzbeks or other refugees who have fled violence and political persecution.” This is modeled on language regarding Kyrgyzstan in Foreign Ops appropriations and expanded for all five countries.    Notably, my new legislation will create a sanctions section for Uzbekistan.  First, the bill concretizes into law the limitations already in place in Foreign Ops appropriations. The limitation prevents funding to the Uzbek Government unless the Secretary of State determines the government is “making substantial and continuing progress” towards respect for human rights and that the Uzbek Government begins a “credible international investigation” of Andijon.   In addition, the new Act mirrors European Union sanctions by establishing a visa ban and an export ban on munitions.  The sanctions section also establishes an asset freeze for Uzbek officials, their family members, and their associates implicated in the Andijon massacre or involved in other gross violations of human rights.   Ladies and gentlemen, it is hard to promote democratization in strategically important countries whose leaders want to keep all real power in their own hands. Our task is especially complicated by the fact that Russia – which has re-emerged as a major international player, thanks to sky-high oil prices – is working hard to undermine our efforts.  But I think the measures which I’ve outlined here in brief offer a good chance of achieving our goals.   Thank you for your attention.  I look forward to hearing the other participants’ views and your comments.   

  • In the Best Interest of the Children? Romania’s Ban on Inter-Country Adoption

    Commissioners Sam Brownback (R-KS) and Chris Smith (NJ-04) expressed their displeasure with  Romania’s ban on adoption.  Romania’s international adoption ban had prevented over 200 Americans from taking adopting children from the Eastern European country, regardless of the prospective adoptive parents' qualifications. The law that enabled this ban came after the Romanians consented to ban inter-country adoptions in exchange for acquiring membership in the European Union.  

  • The Future of Human Rights in Kosovo

    This hearing, held by Sen. Sam Brownback and Rep. Chris Smith , stressed, among other things, that there was still a lot of work to be achieved regarding human rights in Kosovo, such as security and property issues. In particular, Brownback and Smith focused on the international community, including countries in the OSCE region. This hearing was held with increased diplomatic activity that may have led to consideration of Kosovo’s status in 2005 in mind. Witnesses to this hearing included Soren Jessen-Petersen, Special Representative of the UN Secretary General and Head of the UN Mission in Kosovo, and Charles L. English, Director of the Office of South Central European Affairs at the U.S. Department of State.  

  • Unrest in Uzbekistan: Crisis and Prospects

    This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.

  • Democratization in Central Asia

    Mr. Speaker, as the 108th Congress comes to an end, I want to make some observations about democratization in Central Asia, an energy-rich and geo-strategically important region. All these states are ruled by secular leaders who cooperate with Washington against terrorists. There are U.S. bases in Uzbekistan and Kyrgyzstan, to help promote stabilization in Afghanistan. This collaboration benefits us, as well as Central Asian presidents, and should certainly continue. But unfortunately, these countries are some of the worst human rights violators in the OSCE space. Everywhere in the region, super-presidents dominate the political arena, with parliaments and judicial systems dependent on the executive branch. Media are under heavy government pressure; in Uzbekistan and Turkmenistan, Soviet-era censorship continues in force. Equally characteristic of Central Asian states is corruption, which has not only enriched the ruling families and the favored few at the top but has impeded the development of free media and independent courts.   True, much of this characterization could be said about all the post-Soviet states to some degree, including Russia. But it is important to point out that there is a counter, or competing tendency in the region, exemplified by Georgia’s Rose Revolution of a year ago. While Georgia has a long way to go, there is no doubt about the legitimacy or popularity of its leader, President Mikheil Saakashvili. Also the peaceful protest movement he led to overturn the results of a rigged election has emboldened opposition activists throughout the former Soviet Union to believe that society may yet be able to have a voice in who governs and how.   Central Asian leaders were quick to claim that circumstances in Georgia were so different from their own that no parallels were possible. Still, the Georgian example sent shivers down their spines. That is one reason why the elections in Central Asia that have taken place this year have been, as they were in the past, carefully controlled, with predictable outcomes.   Uzbekistan, for example, is holding parliamentary elections in December. No opposition parties have been allowed to operate in Uzbekistan since 1992-1993. Despite pressure from Washington, Tashkent refused to register opposition parties this year, leaving only five pro-government parties to participate. Moreover, Uzbek authorities have contrived to keep opposition candidates from registering in single mandate races – even though officials told the U.S. Delegation to the OSCE Human Dimension Implementation Review Meeting in Warsaw in October that opposition candidates would be able to run. The result is obvious in advance: another pro-government, pocket parliament, with no dissenting voices and no capacity to perform any oversight of the executive branch. It should be noted that there have been several outbursts of popular dissatisfaction in Uzbekistan in the last few months; President Islam Karimov’s tightly-run political system may be less stable than many suppose.   In neighboring, oil-rich Kazakhstan, opposition parties are registered and were able to compete in September’s parliamentary election. Kazakhstan had previously expressed its desire to become OSCE Chairman-in-Office in 2009, and many observers linked Kazakhstan’s chances to a good grade on the parliamentary election. But the assessment of OSCE and Council of Europe monitors – citing numerous infractions and an uneven playing field for pro-government parties and the opposition – was critical. Kazakhstan’s chances of winning the OSCE Chairmanship have clearly diminished. At the same time, President Nursultan Nazarbaev – who is under investigation for corruption by the U.S. Department of Justice – has announced his intention to run, yet again, for reelection in 2006. Some commentators speculate that he may hold snap elections next year, to keep his opposition off guard. Should he win and serve out another seven-year term, he will have been in office almost 25 years.   Obviously, Mr. Speaker, Central Asian leaders do not find the responsibilities of the presidency too burdensome: Tajikistan’s President Imomaly Rakhmonov last year orchestrated a referendum on constitutional changes that could allow him to remain in office until 2020. True, Tajikistan is the only country in Central Asia where Islamic political activism is tolerated. We await with interest the parliamentary elections, in which opposition and Islamic parties will participate, scheduled for next February.   As for Turkmenistan, one of the most repressive countries on earth, I’m pleased to note that freedom of religion advanced a bit. The government of President Saparmurat Niyazov took some steps to liberalize the process of registration for confessions – instead of 500 adult members per locality, now only five nationwide are needed to register a community. For years, only Sunni Islam and Russian Orthodoxy were legal; now Ashgabat has registered Baptists, Adventists, Hare Krishna’s, and Baha’is. Moreover, the authorities released six Jehovah’s Witnesses, although two others remain jailed along with the former grand mufti. These steps – taken under Western and especially U.S. pressure, but which we welcome nonetheless – allowed Turkmenistan to escape designation by the U.S. Government as a Country of Particular Concern this past year. However, troubling reports continue to emerge about limitations on religious freedom and harassment of registered and unregistered religious communities. We must continue to monitor the situation closely and encourage Turkmenistan to continue moving forward with reforms, as even the improved situation is far from meeting OSCE standards on religious freedom.   In all other respects, however, democratization has made no progress. Turkmenistan remains the only one-party state in the former Soviet bloc and Niyazov’s cult of personality continues unabated. Recently, he tried to discuss holding presidential elections in 2008. But in a farcical scene, the assembled officials and dignitaries refused to hear of it. They “insisted” that Niyazov remain Turkmenistan’s leader in perpetuity; he, duly humbled by their adulation, took the issue off the table.   This brings us to Kyrgyzstan, in many ways the most intriguing of the Central Asian states. Of all the region’s leaders, only President Askar Akaev, who has held office for almost 15 years, has announced his intention not to run next year for reelection – though he has phrased the pledge carefully if he changes his mind. Kyrgyzstan is also the only Central Asian country where a large-scale protest movement has ever seemed poised to force a Head of State out of office: in summer 2002, thousands of people furious about the shootings of demonstrators in a southern district blocked the country’s main road, and threatened a mass march on the capital, Bishkek. Ultimately, the movement petered out but the precedent of public activism was set.   President Akaev’s stated intention not to run again, the upcoming parliamentary (February 2005) and presidential (October 2005) elections and Kyrgyzstan’s history of protest movements make for an interesting situation. In the next few months, Akaev must make fateful decisions: the most important is whether or not to run again. If he chooses to stay in office for another term, he risks sparking demonstrations. Though Kyrgyzstan is not Georgia, something akin to a Rose Revolution should not be excluded as a possible scenario. If Akaev opts to step down, however, we should not expect that he, his family and entourage would permit free and fair elections. More likely, he will try to select a successor – as Boris Yeltsin did with Vladimir Putin in Russia – and act to ensure his victory. But that course, too, could lead to protests.   Any decision Akaev makes – with intrusive, anxious neighbors looking over his shoulder – is risky and might have resonance beyond Kyrgyzstan’s borders. For that reason, the elections in Kyrgyzstan next year are of great interest not only to the voters of that country but to capitals near and far. Mr. Speaker, I hope to be able to report to this chamber next year that democratization has made strides in Central Asia.

Pages