By Janice Helwig and Mischa Thompson, Policy Advisors Since 1999, the OSCE participating States have convened three “supplementary human dimension meetings” (SHDMs) each year – that is, meetings intended to augment the annual review of the implementation of all OSCE human dimension commitments. The SHDMs focus on specific issues and the topics are chosen by the Chair-in-Office. Although they are generally held in Vienna – with a view to increasing the participation from the permanent missions to the OSCE – they can be held in other locations to facilitate participation from civil society. The three 2010 SHDMs focused on gender issues, national minorities and education, and religious liberties. But 2010 had an exceptionally full calendar – some would say too full. In addition to the regularly scheduled meetings, ad hoc meetings included: A February 9-10 expert workshop in Mongolia on trafficking; A March 19 hate crimes and the Internet meeting in Warsaw; A June 10-11th meeting in Copenhagen to commemorate the 20th anniversary of the Copenhagen Document; A (now annual) trafficking meeting on June 17-18; and A high-level conference on tolerance June 29-30 in Astana. The extraordinary number of meetings also included an Informal Ministerial in July, a Review Conference (held in Warsaw, Vienna and Astana over the course of September, October, and November) and the OSCE Summit on December 1-2 (both in Astana). Promotion of Gender Balance and Participation of Women in Political and Public Life The first SHDM of 2010 was held on May 6-7 in Vienna, Austria, focused on the “Promotion of Gender Balance and Participation of Women in Political and Public Life.” It was opened by speeches from Kazakhstan's Minister of Labour and Social Protection, Gulshara Abdykalikova, and Portuguese Secretary of State for Equality, Elza Pais. The discussions focused mainly on “best practices” to increase women’s participation at the national level, especially in parliaments, political parties, and government jobs. Most participants agreed that laws protecting equality of opportunity are sufficient in most OSCE countries, but implementation is still lacking. Therefore, political will at the highest level is crucial to fostering real change. Several speakers recommended establishing quotas, particularly for candidates on political party lists. A number of other forms of affirmative action remedies were also discussed. Others stressed the importance of access to education for women to ensure that they can compete for positions. Several participants said that stereotypes of women in the media and in education systems need to be countered. Others seemed to voice stereotypes themselves, arguing that women aren’t comfortable in the competitive world of politics. Turning to the OSCE, some participants proposed that the organization update its (2004) Gender Action Plan. (The Gender Action Plan is focused on the work of the OSCE. In particular, it is designed to foster gender equality projects within priority areas; to incorporate a gender perspective into all OSCE activities, and to ensure responsibility for achieving gender balance in the representation among OSCE staff and a professional working environment where women and men are treated equally.) A few participants raised more specific concerns. For example, an NGO representative from Turkey spoke about the ban on headscarves imposed by several countries, particularly in government buildings and schools. She said that banning headscarves actually isolates Muslim women and makes it even harder for them to participate in politics and public life. NGOs from Tajikistan voiced their strong support for the network of Women’s Resource Centers, which has been organized under OSCE auspices. The centers provide services such as legal assistance, education, literacy classes, and protection from domestic violence. Unfortunately, however, they are short of funding. NGO representatives also described many obstacles that women face in Tajikistan’s traditionally male-oriented society. For example, few women voted in the February 2010 parliamentary elections because their husbands or fathers voted for them. Women were included on party candidate lists, but only at the bottom of the list. They urged that civil servants, teachers, health workers, and police be trained on legislation relating to equality of opportunity for women as means of improving implementation of existing laws. An NGO representative from Kyrgyzstan spoke about increasing problems related to polygamy and bride kidnappings. Only a first wife has any legal standing, leaving additional wives – and their children - without social or legal protection, including in the case of divorce. The meeting was well-attended by NGOs and by government representatives from capitals. However, with the exception of the United States, there were few participants from participating States’ delegations in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. Education of Persons belonging to National Minorities: Integration and Equality The OSCE held its second SHDM of 2010 on July 22-23 in Vienna, Austria, focused on the "Education of Persons belonging to National Minorities: Integration and Equality." Charles P. Rose, General Counsel for the U.S. Department of Education, participated as an expert member of the U.S. delegation. The meeting was opened by speeches from the OSCE High Commissioner on National Minorities Knut Vollebaek and Dr. Alan Phillips, former President of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities. Three sessions discussed facilitating integrated education in schools, access to higher education, and adult education. Most participants stressed the importance of minority access to strong primary and secondary education as the best means to improve access to higher education. The lightly attended meeting focused largely on Roma education. OSCE Contact Point for Roma and Sinti Issues Andrzej Mirga stressed the importance of early education in order to lower the dropout rate and raise the number of Roma children continuing on to higher education. Unfortunately, Roma children in several OSCE States are still segregated into separate classes or schools - often those meant instead for special needs children - and so are denied a quality education. Governments need to prioritize early education as a strong foundation. Too often, programs are donor-funded and NGO run, rather than being a systematic part of government policy. While states may think such programs are expensive in the short term, in the long run they save money and provide for greater economic opportunities for Roma. The meeting heard presentations from several participating States of what they consider their "best practices" concerning minority education. Among others, Azerbaijan, Belarus, Georgia, Greece, and Armenia gave glowing reports of their minority language education programs. Most participating States who spoke strongly supported the work of the OSCE High Commissioner on National Minorities on minority education, and called for more regional seminars on the subject. Unfortunately, some of the presentations illustrated misunderstandings and prejudices rather than best practices. For example, Italy referred to its "Roma problem" and sweepingly declared that Roma "must be convinced to enroll in school." Moreover, the government was working on guidelines to deal with "this type of foreign student," implying that all Roma are not Italian citizens. Several Roma NGO representatives complained bitterly after the session about the Italian statement. Romani NGOs also discussed the need to remove systemic obstacles in the school systems which impede Romani access to education and to incorporate more Romani language programs. The Council of Europe representative raised concern over the high rate of illiteracy among Romani women, and advocated a study to determine adult education needs. Other NGOs talked about problems with minority education in several participating States. For example, Russia was criticized for doing little to provide Romani children or immigrants from Central Asia and the Caucasus support in schools; what little has been provided has been funded by foreign donors. Charles Rose discussed the U.S. Administration's work to increase the number of minority college graduates. Outreach programs, restructured student loans, and enforcement of civil rights law have been raising the number of graduates. As was the case of the first SHDM, with the exception of the United States, there were few participants from participating States’ permanent OSCE missions in Vienna. This is an unfortunate trend at recent SHDMs. Delegation participation is important to ensure follow-up through the Vienna decision-making process, and the SHDMs were located in Vienna as a way to strengthen this connection. OSCE Maintains Religious Freedom Focus Building on the July 9-10, 2009, SHDM on Freedom of Religion or Belief, on December 9-10, 2010, the OSCE held a SHDM on Freedom of Religion or Belief at the OSCE Headquarters in Vienna, Austria. Despite concerns about participation following the December 1-2 OSCE Summit in Astana, Kazakhstan, the meeting was well attended. Representatives of more than forty-two participating States and Mediterranean Partners and one hundred civil society members participated. The 2010 meeting was divided into three sessions focused on 1) Emerging Issues and Challenges, 2) Religious Education, and 3) Religious Symbols and Expressions. Speakers included ODIHR Director Janez Lenarcic, Ambassador-at-large from the Ministry of Foreign Affairs of the Republic of Kazakhstan, Madina Jarbussynova, United Nations Special Rapporteur on Freedom of Religion or Belief, Heiner Bielefeldt, and Apostolic Nuncio Archbishop Silvano Tomasi of the Holy See. Issues raised throughout the meeting echoed concerns raised during at the OSCE Review Conference in September-October 2010 regarding the participating States’ failure to implement OSCE religious freedom commitments. Topics included the: treatment of “nontraditional religions,” introduction of laws restricting the practice of Islam, protection of religious instruction in schools, failure to balance religious freedom protections with other human rights, and attempts to substitute a focus on “tolerance” for the protection of religious freedoms. Notable responses to some of these issues included remarks from Archbishop Silvano Tomasi that parents had the right to choose an education for their children in line with their beliefs. His remarks addressed specific concerns raised by the Church of Scientology, Raelian Movement, Jehovah Witnesses, Catholic organizations, and others, that participating States were preventing religious education and in some cases, even attempting to remove children from parents attempting to raise their children according to a specific belief system. Additionally, some speakers argued that religious groups should be consulted in the development of any teaching materials about specific religions in public school systems. In response to concerns raised by participants that free speech protections and other human rights often seemed to outweigh the right to religious freedom especially amidst criticisms of specific religions, UN Special Rapporteur Bielefeldt warned against playing equality, free speech, religious freedom, and other human rights against one another given that all rights were integral to and could not exist without the other. Addressing ongoing discussion within the OSCE as to whether religious freedom should best be addressed as a human rights or tolerance issue, OSCE Director Lenarcic stated that, “though promoting tolerance is a worthwhile undertaking, it cannot substitute for ensuring freedom of religion of belief. An environment in which religious or belief communities are encouraged to respect each other but in which, for example, all religions are prevented from engaging in teaching, or establishing places of worship, would amount to a violation of freedom of religion or belief.” Statements by the United States made during the meeting also addressed many of these issues, including the use of religion laws in some participating States to restrict religious practice through onerous registrations requirements, censorship of religious literature, placing limitations on places of worship, and designating peaceful religious groups as ‘terrorist’ organizations. Additionally, the United States spoke out against the introduction of laws and other attempts to dictate Muslim women’s dress and other policies targeting the practice of Islam in the OSCE region. Notably, the United States was one of few participating States to call for increased action against anti-Semitic acts such as recent attacks on Synagogues and Jewish gravesites in the OSCE region. (The U.S. statements from the 2010 Review Conference and High-Level Conference can be found on the website of the U.S. Mission to the OSCE.) In addition to the formal meeting, four side events and a pre-SHDM Seminar for civil society were held. The side events were: “Pluralism, Relativism and the Rule of Law,” “Broken Promises – Freedom of religion or belief in Kazakhstan,” “First Release and Presentation of a Five-Year Report on Intolerance and Discrimination Against Christians in Europe” and “The Spanish school subject ‘Education for Citizenship:’ an assault on freedom of education, conscience and religion.” The side event on Kazakhstan convened by the Norwegian Helsinki Committee featured speakers from Forum 18 and Kazakhstan, including a representative from the CiO. Kazakh speakers acknowledged that more needed to be done to fulfill OSCE religious freedom commitments and that it had been a missed opportunity for Kazakhstan not to do more during its OSCE Chairmanship. In particular, speakers noted that religious freedom rights went beyond simply ‘tolerance,’ and raised ongoing concerns with registration, censorship, and visa requirements for ‘nontraditional’ religious groups. (The full report can be found on the website of the Norwegian Helsinki Committee.) A Seminar on Freedom of Religion and Belief for civil society members also took place on December 7-8 prior to the SHDM. The purpose of the Seminar was to assist in developing the capacity of civil society to recognize and address violations of the right to freedom of religion and belief and included an overview of international norms and standards on freedom of religion or belief and non-discrimination.

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.

By Mischa E. Thompson, Policy Advisor Moving into the 21st century, racism and discrimination continue to be a problem throughout the fifty-six European, North American, and Central Asian countries that make up the Organization for Security and Cooperation in Europe (OSCE), including in the United States. Recent reports by the OSCE, European Union’s Fundamental Rights Agency (2008, 2007), and European Network Against Racism have found that racial minorities and increasingly migrants are the targets of hate crimes and racial/ethnic profiling, in addition to experiencing discrimination in employment, housing, education, and other areas. Political parties espousing anti-migrant and racist positions are also on the rise, with the potential to undermine current efforts to implement tolerance and nondiscrimination initiatives throughout the region. Efforts to address these problems over the years have resulted in the development of multi-lateral instruments to stem the tide of racial discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is often considered a premier international instrument in this area. Adopted by the United Nations in 1965 and entering force in 1969, over 173 countries including the United States, have agreed to have their government policies reviewed to determine if they create or perpetuate racial discrimination. ICERD defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” According to the treaty, countries are required to amend or repeal laws and regulations deemed to be discriminatory and are allowed to introduce positive measures such as affirmative action when necessary. As such, countries are obligated to protect against inequality and discrimination in the enjoyment of human rights, including in the areas of education, housing, criminal justice, health, voting, labor, etc. While the 1975 Helsinki Final Act requires its members to respect human rights and fundamental freedoms “without distinction as to race, sex, language or religion,” no review mechanism comparable to the ICERD currently exists within the OSCE. In recent years, the OSCE participating States have urged ratification of the ICERD (e.g., Copenhagen 1990, Helsinki 1992, Maastricht 2003), adopted complimentary initiatives such as the Annual Hate Crimes Report, and conducted consultations and other activities within the United Nations on relevant initiatives. The ICERD and its implementing committee, the Committee on the Elimination of Racial Discrimination (CERD), therefore continue to remain a primary resource in outlining and determining the success of OSCE countries’ efforts to eliminate racial discrimination. For this reason, the 2008 CERD review of the United States and the status of U.S. efforts to combat racial discrimination were widely followed. From February 18 to March 7, 2008 the Committee on the Elimination of Racial Discrimination (CERD) held its seventy-second session in Geneva, Switzerland. The Committee of eighteen independent experts, including a U.S. representative, is charged with periodically reviewing the performance of the 173 countries that have signed and ratified ICERD. During the seventy-second session, the Committee reviewed anti-discrimination efforts undertaken by the Governments of the United States, Fiji, Italy, Belgium, Nicaragua, Moldova, and the Dominican Republic. The United States appeared before the Committee on February 22 and 23 after having submitted a report in April 2007 on its efforts to eliminate racial discrimination after last appearing before the Committee in 2001. Over four hundred U.S. non-government organizations (NGOs) also compiled and submitted a “Shadow Report” to the Committee, which provided supplementary independent information in addition to the government perspective. Twenty-three persons made up the diverse high-level U.S. delegation, headed by Ambassador Warren Tichenor, Permanent Representative of the United States to the United Nations in Geneva. The delegation also included: Grace Chung Becker, Acting Assistant Attorney General in the Civil Rights Division of the Department of Justice, and Ralph Boyd, a former member of the U.N. Committee. Other members of the delegation were from the Departments of Interior, Justice, State, Homeland Security, and Equal Employment Opportunity Commission. For the first time more than one hundred U.S. NGO representatives also attended the session as a “shadow” delegation. The review began with the United States noting the continuing problem and challenges of combating racial discrimination, but disagreeing with the Committee’s views on causes and solutions. Ambassador Tichenor stated that, “the United States supported the elimination of racial discrimination at home and abroad [...] and had made significant progress in improving race relations in the past [and] continued to work actively to eliminate racial and ethnic discrimination. However, challenges still existed, and a great deal of work remained to be done.” The United States then went on to argue that the causes of continuing racial disparities were poverty and other socio-economic variables, including poor choices made by minorities and discriminatory actions by non-state actors, as opposed to institutionalized practices stemming from past unjust government policies (e.g., slavery, segregation). The United States further argued that it should not bare the primary responsibility for addressing racial disparities because it was not solely responsible for creating the current situation. To bolster this argument, the United States also argued that the Committee’s interpretation of the intent of the ICERD was incorrect in terms of the government needing to play the lead role in combating racial discrimination and disparities. (Find excerpts from the U.S. statements at the end of this report.) This line of argument caused the Committee to question whether the United States still possessed the political will to comply with its ICERD commitments. Indeed, much of the proceedings involved Committee members reiterating the commitments ICERD countries have undertaken as signatories, including augmenting laws and regulations which “have the effect of creating or perpetuating racial discrimination wherever it exists.” Confusion was expressed as to why the U.S. government had supported efforts to end affirmative action in schools, while simultaneously highlighting the existence of racial disparities in all sectors of U.S. society. Further puzzlement was displayed as to why the United States was arguing against playing a lead role in combating discrimination, while at the same time introducing widely acclaimed new initiatives to combat discrimination such as the US Equal Employment Opportunity Commission’s E-RACE Initiative and National Partnership for Action to End Health Disparities. The Committee also questioned the status of and anticipated plans for other U.S. efforts to address de facto discrimination, manifested by racial profiling, lack of equal access to quality housing, healthcare, and education, the failure to preserve Native American land rights and return Hurricane Katrina victims to their homes. Committee members also expressed disappointment in the United States. Several Committee members noted that they viewed the U.S. civil rights movement and resulting policies to address past inequities such as affirmative action, as models for policies they were considering and/or using in their own countries to address human rights concerns stemming from inequities and historical injustices. In some cases, these policies were developed following consultations with the U.S. government. Indeed, the Colombian Committee member remarked that he had participated in a visit to the United States as part of an Afro-Colombian delegation invited to view U.S. programs to combat racial discrimination. Members of the Committee also requested that the United States participate in the 2009 Durban Review Conference, a follow-up to the 2001 World Conference against Racism, as a means for continuing the conversation on eliminating racial discrimination. The United States responded that it had withdrawn negotiators from the first Durban Conference “because of pervasive anti-Semitism in its discussions” and would make a decision regarding participation at a later date. A summary of the U.S. Review before the Committee and Concluding Observations of the Committee included recommendations to the United States in areas ranging from affirmative action and immigration to voter disenfranchisement and the rights of Native Americans and tribal peoples. This includes a request for an interim report due in February 2009 on how the United States has implemented the Committee’s recommendations regarding: 1) racial profiling and counterterrorism efforts impacting Arab, Muslim, South Asian and others, 2) protecting Western Shoshone lands, 3) efforts to return displaced Hurricane Katrina victims, 4) decreasing minority youth imprisonment rates, and 5) organizing training programs and other initiatives to make government officials and parties at the state and local levels aware of U.S. responsibilities under the ICERD. This last point was repeatedly raised by the civil society shadow delegation. In particular they were concerned by “U.S. exceptionalism” – or the perception that United States tells other nations to abide by international human rights laws, but refuses to comply with those laws itself. The Committee also called for greater consultation and cooperation between the U.S. government and civil society in preparation of its next report due in November 2011 following concerns that civil society was not sufficiently consulted during the drafting of the 2007 report. Also, of relevance in addressing global efforts to eradicate racial discrimination was the seventh annual meeting of the United Nations Working Group on People of African Descent (WGPAD). Formed in April 2002, the Working Group studies and proposes solutions to the problems of racial discrimination faced by people of African descent living in the Diaspora, with a focus on improving their human rights situation. The Working Group met for its seventh Annual Session on January 14 to 18th, where it reviewed its proceedings of the past seven years on thematic issues that impact the experiences of persons of African descent in the following areas: administration of justice, media, equal access to quality education, employment, health, housing, participation in political, economic, and social sectors, racial profiling, and the empowerment of women of African descent. The WGPAD seventh Annual Session focused on the development of recommendations based upon these past sessions as a UN requirement in preparation for the 2009 Durban Review Conference. The United States participated as an Observer at the meeting. The Final Recommendations included calls for countries to: develop and/or adopt national action plans and monitoring bodies to combat racism and assist victims, address racial profiling and other disparities in the criminal justice system, introduce socio-economic data collection methods that include African descendants, counter negative media stereotypes, develop a best practices report and index on racial equality, and create a fund to support NGO participation in future WGPAD activities and meetings. The next WGPAD meeting is scheduled for January 12-14th and will focus on youth. Within the OSCE context, the WGPAD holds special importance as the only multilateral entity focused on the human rights situation of the more than five million persons that make up the African descendant or Black European population. In recent years, partially as a result of their high visibility in European countries, Blacks have increasingly become the targets of hate crimes and experienced discrimination in education, employment, housing, and other sectors. Additionally, Blacks are often the targets of anti-immigrant campaigns, including racial profiling, regardless of their citizenship (see also U.S. Helsinki Commission Hearing The State of (In)visible Black Europe: Race, Rights, and Politics). Initiatives such as the CERD and WGPAD have been critical to maintaining a global focus on countries’ efforts to monitor and combat racial discrimination in line with their human rights commitments. Additionally, they complement OSCE efforts in this area such as this year’s OSCE Supplementary Meetings in Vienna on Roma and national institutions to fight discrimination against minorities and migrants. Because of the role promoting equality and non-discrimination plays in the protection of human rights and ensuring peace and security in the OSCE region, the U.S. Helsinki Commission has also increased its focus in this area.

By Lale Mamaux, Communications Director and Marlene Kaufmann, General Counsel In August, staff of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) traveled to Damascus, Syria and Beirut, Lebanon and met with government officials, non-governmental organizations (NGOs), and religious groups regarding the Iraqi refugee crisis. While it is estimated that approximately 1 to 1.5 million Iraqis have fled to Syria and 50,000 have fled to Lebanon, they are not living in camps, but instead are a mobile population scattered throughout Damascus and Beirut as well as in other urban areas. That fact has made this humanitarian crisis virtually ‘invisible’ to the international community, but not for those Iraqi refugees who remain stranded, jobless, and deprived of essential services with conditions worsening by the day. This deepening crisis threatens to further destabilize the entire region. As the years in exile drag on, Iraqi refugees are becoming more and more desperate and depressed. Those who fled with some resources have by now seen those assets depleted and are reliant on services provided by international organizations and NGOs working in the region. Syria and Jordan host the largest population of Iraqis and do not permit them to work, although many find jobs in the “informal” sector making them targets for exploitation and abuse. As a result, fewer children are enrolling in school as their parents send them out, instead, to find whatever work they can on the street. More women are prostituting themselves, desperate to provide for their children, and domestic violence and alcoholism among this population are on the rise. Syria The bombing of the Golden Mosque of Samara in 2006 led to a mass influx of Iraqi refugees fleeing to Syria, where according to the United Nations High Commissioner for Refugees (UNHCR), approximately 30,000-60,000 Iraqis were crossing the border each month. In October 2007, the government closed its borders to virtually all Iraqis and imposed stringent visa restrictions – requiring Iraqis to apply for visas at the Syrian Embassy in Baghdad. Since February 2008, Syrian immigration sources indicate that the flow of Iraqis has stabilized once again. According to UNHCR, it has registered over 216,000 Iraqis as refugees. Since January 2007, UNHCR has identified over 7,800 at-risk refugee children or adolescents from Iraq, 95 unaccompanied or separated children, and over 5,900 women at risk. Additionally, in 2008 it identified at least 300 survivors of Sexual Gender Based Violence (SGBV). Many Iraqis arriving in Syria are moving into areas such as Masaken Barzeh, Saida Zainab, Jaramana, and Qudssya as well as to other urban localities outside of Damascus (in Aleppo, Homs, Hama, Deir Ezzor, Lattakia, Tartous and Hassaka). Iraqis have placed enormous strains on Syria’s economy and infrastructure and caused an increase in the cost of living (i.e. rent, food, fuel, medical assistance). As Iraqis financial resources continue to diminish and desperation sets in, they face homelessness, child labor, early marriage, and survival sex. With many Iraqis too afraid to return to Iraq due primarily to the personal violence they have experienced, there is more pressure among aid organizations to cope with increasing needs. Education: The Syrian government under the direction of the Ministry of Education allows children from Arab countries living in Syria to attend school. Schools run by the government are free of charge. Currently, according to the government, there are approximately 55,000 Iraqi children enrolled in Syrian schools, a significantly smaller number than was expected. While the admission of Iraqi students is relatively low, it has nevertheless put a substantial strain on an already overburdened school system. The Ministry of Education estimates that there are now 60 students per class and they are working as quickly as possible to build larger schools in order to eliminate the need for children to attend classes in shifts. Basic education in Syria comprises grades 1-9 and school is mandatory until the age of 15. However, if a child has been absent from school for two years they are not permitted to enroll. Unfortunately, this is the case for many Iraqi children in Syria who have not attended school since they fled their homes. Other factors contributing to parents’ hesitancy to enroll their children in Syrian schools include fear of being located by authorities and deported, harassment of Iraqi children by other students, and the fact that many Iraqi families in Syria are quite mobile, moving frequently among neighborhoods. With so many Iraqi youth not in school, many NGOs have expressed grave concern about the future generation of Iraqis who will lack an education and who are hanging around on the streets with nothing to do. Clearly, these young people could be susceptible to influence by groups or individuals who may not have their best interests in mind. Responding to the influx of Iraqi children in school, UNHCR is working in coordination with the United Nations Children’s Fund (UNICEF) and the Syrian Arab Red Crescent (SARC) to encourage enrollment in school. In addition to providing school supplies and uniforms for Iraqi children, UNHCR and UNICEF are working with the Ministry of Education to train teachers and counselors to work with these traumatized children. For example, there are reports of some Iraqi students coming to school with knives and other weapons in their backpacks, and of their sometimes "acting out" in a violent manner -- symptoms of the trauma they experienced in Iraq and during their flight to safety. Unfortunately, these behaviors generate resentment and sometimes violent responses by other students. Currently, the Ministry of Education is only able to provide one counselor for every 250 students. Commission staff also attended a graduation ceremony at the Greek Orthodox Ministry in Damascus for 100 Iraqi children, grades 2-7 (ages 6-12). This was a graduation from a summer program where children participated in activities such as arts and crafts in an effort to express themselves and relieve some stress from the trauma they had faced in Iraq and the uncertainty of their situation in Syria. The graduation ceremony consisted of presentations from teachers and counselors as well as singing and skits performed by the students. Health Care: Commission staff met with the Syrian Assistant Minister of Health, who described the burdens on the health care system as a result of the influx of Iraqi refugees since 2003. The health care system is comprised of 1600 clinics and 70 hospitals, 5 of which offer services free of charge to Iraqi refugees. The Minister estimated that support for the health needs of the refugee community costs the Syrian government an estimated $150 million per year. The government is particularly concerned about communicable diseases and therefore has a mandatory vaccination program for all children. Despite substantial contributions from the European Union, UNHCR and UNICEF during the past two years to establish additional clinics and fund vaccinations, the minister estimated that only 5% of the health needs of Iraqi refugees are being met. Particularly critical are the strains put on services for kidney disease, including dialysis, and heart disease. The minister explained that these services were already quite limited for Syrian citizens. Since 2003, according to the minister, anyone needing heart surgery essentially has to “take a number and wait.” The minister indicated that with the help of the World Health Organization (WHO) the government is also trying to address the increasing psycho-social needs of Iraqi refugees. Two hospitals, one in Damascus and one in Aleppo, are offering these services. Trafficking in Persons/Shelter: The Syrian government is undertaking initiatives to counter human trafficking and is in the process of establishing a shelter for victims of trafficking. Beginning in 2005, the International Organization for Migration (IOM) began holding educational workshops and invited Syrian officials to attend. A governmental committee was formed in 2006 to address trafficking issues, however progress was slow. In 2007, private sector experts advised the committee on counter trafficking measures and, as a result of this public-private partnership, anti-trafficking legislation was drafted. The legislation was endorsed by the committee in late 2007 and was sent to Parliament in June of this year. In coordination with other partners, IOM began raising money for a trafficking shelter. The Netherlands contributed $30,000 Euros, and UNICEF gave $30,000 (USD). The Syrian government has allocated a space for the shelter, however it is in need of major renovations, which are currently under way. The shelter is expected to open in the next 3-4 months and will serve all populations, not just Iraqis. Iraqis, especially women who arrive in Syria as the head of household with no financial resources, are facing extreme circumstances. Since the Syrian government does not allow Iraqis to work, increasing numbers of refugees have resorted to child labor, survival sex, and offering their daughters for short-term or weekend marriages, commonly referred to as “pleasure marriages” to make ends meet. More women and children are facing Sexual Gender Based Violence (SGVB) by their husbands’ or the male head of household. UNHCR, in coordination with partners UNICEF, IOM, the United Nations Population Fund (UNFPA), and United Nations Development Program (UNDP), are working together to assist Iraqi women who have been physically or sexually abused and are in detention. UNHCR is also supporting several safe houses located in Damascus that help abused Iraqi women and children. The Good Shepherd Sisters: Commission staff also met with Sister Marie-Claude Naddaf of the Good Shepherd Sisters in Damascus in order to learn first-hand of the critical work that she and her community have undertaken in support of Iraqi refugees. Sister Marie-Claude described the suffering of the Iraqi people that she sees every day, those who have fled under threat of violence and arrive in Syria in an already traumatized state. Because of the circumstances and the uncertainty of their situation in Syria most Iraqi refugees, including children, suffer from severe stress and depression. Focusing on the needs of children, the Good Shepherd Sisters, in concert with UNHCR and other organizations have provided summer camps outside of Damascus for refugee children to play and relax in a peaceful venue and escape the stresses of their daily lives. The sisters also provide extensive educational and recreational programs for adults and children throughout the year in a community center in Damascus, and have taken the lead in establishing a shelter for women and children and a hotline for abused women. Commission staff also visited the shelter and met with several of the women and children who reside there. Distribution of Food: Food distribution is conducted by the World Food Program (WFP) and UNHCR. Refugees in Syria receive their food and financial distribution every two months from either the Douma or Saida Zeinab distribution centers. The distribution schedule is communicated to refugees through short cell-phone messages, information posted on boards in the Douma Distribution center, or by postings on the food distribution website: http://unhcr.un.org.sy/food.htm WFP provides the following basic commodities in their food baskets: 12.5 kilos of rice, l litre of oil, and 2.5 kilos of lentils. UNHCR provides the following complementary items that coincide with the basic commodities provided by WFP: 1 kilo of sugar, 200 grams of tea, 1 kilo of pasta, ½ kilo of tomato paste, 1 kilo of bulgur wheat, and one box each of soap and washing detergents. In addition to food distribution UNHCR also provides a seasonal distribution of mattresses and blankets. Those Iraqis living outside of Damascus who have registered with UNHCR are able to call a hotline to find out dates and locations of food distribution. Stories of Iraqis in Syria: Commission staff met with Iraqi refugees serving as outreach coordinators for UNHCR to gain a better understanding of their hands-on work in the community. The coordinators have a direct line of communication into the Iraqi community in Syria, including with those who have not registered with UNHCR, and they serve as a trusted go between for UNHCR and the community. During the meeting the coordinators spoke of the dire circumstances facing Iraqi refugees in Syria and also shared their personal stories. One coordinator explained that her husband was killed in Iraq and that one of her sons was picked up by U.S. military personnel and another son was kidnapped by a militia group – both were tortured. Fearing for her life, she fled to Syria. Another coordinator told staff that three of her cousins were killed by U.S military personnel because they were accused, wrongly according to the woman, of being terrorists. In addition, staff participated in a resettlement interview with an Iraqi family at UNHCRs Registration and Distribution Center in Douma. The family had owned a jewelry store in Baghdad and fled Iraq after one son was kidnapped and beaten by his captors. After this incident, the family first fled to another neighborhood in Baghdad where they thought they would be safe. However, shortly after the move their home was raided by militia who gave them three days to leave or be killed. The family then fled to Syria. The father made his way to Sweden, while the mother was left to care for her four children in Syria. During the interview it was revealed that the family has now been in Syria for two years, their savings are almost completely diminished and the mother is working as a seamstress to try to make ends meet. The youngest child suffers from post-traumatic stress disorder after a gun was pointed at him during the raid on their home in Baghdad. Only one of the four children has attended school in the past two years and only for several months because she was severely bullied and harassed by the other children. LEBANON Lebanon, a small country of 4 million people, has opened its doors to 50,000 Iraqi refugees, many of whom came after the 2006 bombings in Samara. Roughly 51 percent of Iraqis in Lebanon are Shi’a Muslims, 19 percent are Chaldean Catholics, and 12 percent Sunni Muslims. UNHCR has registered over 10,400 Iraqis since June 2008. In 2007, UNHCR resettled 450 Iraqis to the United States, Sweden, Canada, Australia and other countries. They expect to resettle 1500 refugees in 2008. Iraqi refugees in Lebanon face many challenges, however it is a better economic environment than in other host countries. Unlike Jordan and Syria, Iraqis in Lebanon can work if they obtain a work permit. The educational needs among Iraqi children in Lebanon are quite dire as 42 percent have not completed elementary school, 40 percent of Iraqi children between the ages of 6 and 17 are not enrolled in school due to the high cost of tuition and the need to help provide for their families. It is estimated that, in 2007, only 1,200 Iraqi children were enrolled in school. Health care needs among Iraqis remain constant and medical care cannot be easily accessed in Lebanon due to its exorbitant cost. NGOs and other charitable organizations are able to provide coverage for only 24 percent of serious medical cases. As Commission staff found during a visit to Jordan and Turkey last March, many Iraqis in Lebanon are experiencing psycho-social issues due to the stress of their displacement and the unstable environment they encounter in their host countries. This stress has contributed to a rise in domestic violence and drug and alcohol abuse among the refugee population. Migrant domestic workers in Lebanon are a vulnerable group as well with an estimated 200,000 in the country, approximately 100,000 who arrived illegally. These domestic workers are primarily women from Southeast Asia and Africa – Sri Lanka, The Philippines, Ethiopia, and Madagascar – and are brought to Lebanon by employment agencies working in those countries. These agencies frequently promise “fee paid” employment in a secretarial capacity or in sales. The agencies typically charge the employer $1,500 to bring the domestic worker to Lebanon. Upon arrival, many employers take the women’s passports; force them to work long hours, frequently without pay; and often abuse them. Unhappy about how their people are being treated, the Philippine and Ethiopian Embassies have placed restrictions on employment in Lebanon for their citizens. Caritas Lebanon Migrant Center: Established in 1994, the Caritas Lebanon Migrant Center (CLMC) has as its mission “to strengthen and protect the human rights of migrants, refugees and asylum-seekers in Lebanon.” To date, the Center has assisted more than 100,000 individuals through services such as social and legal counselling and assistance; humanitarian, medical and emergency assistance; orientation seminars for migrants; temporary shelter and safe houses; summer camps and other recreational activities; vocational training and reintegration programs, as well as advocacy efforts with the public and relevant government agencies. In the early 1990s, CLMC worked exclusively with migrant populations, primarily Sudanese. Iraqis began to arrive in 1997, primarily from the Shiite and Christian communities, seeking work and resettlement in Europe or Australia. In 2003, the number of Iraqis entering Lebanon increased substantially and many sought assistance from CLMC. With funding from the U.S. government, CLMC began a program to provide medical support to the refugees, many of whom were suffering with cancer and chronic diseases and had no access to public medical facilities in Lebanon. CLMC negotiated with public hospitals and clinics to establish a treatment program for the refugees. They were also able to arrange reduced-cost treatment with some private hospitals, particularly for those afflicted with cancer and heart disease. CLMC also provides a wide array of educational programs for children and adults. Most Iraqi children are unable to attend school in Lebanon due to the language barrier. Many also frequently “act out” aggressively due to the psychological trauma caused by their circumstances. CLMC provides informal classes and vocational training for children, as well as summer camps where counsellors work with the kids in a relaxed atmosphere to address their unique psychological needs. CLMC undertakes assistance programs for women as well. To date, they have held 160 seminars to train outreach workers for the migrant worker and refugee communities and as a result now have 800 women working in locations nation-wide. The Center has established a shelter for abused women and one for victims of trafficking (described below). In coordination with UNHCR, CLMC provides legal assistance to the refugee and migrant worker community. They currently retain two full-time and ten part-time attorneys and have successfully prosecuted a substantial number of abuse cases on behalf of those who have sought shelter with CLMC. In addition, as described below, Caritas, working with UNHCR and other NGOs, successfully negotiated an amnesty for detained Iraqi refugees, giving them the opportunity to seek employment and regularize there status. Detention Facility Visit: Commission staff visited a detention facility operated by the General Directorate of General Security (General Security) – the governmental authority in Lebanon responsible for the legal status of foreigners in the country. The facility holds those Iraqi refugees and migrant workers who entered the country illegally and are without documentation. It is located under a freeway in downtown Beirut and was constructed from a parking garage. The conditions in the facility are deplorable, yet are much improved from several months earlier, due in large part to the work of NGOs, such as the Caritas Lebanon Migrant Center (CLMC), in coordination with General Security. The air-intake vents, only recently installed through the efforts of Caritas, circulate air into the underground facility. Unfortunately, due to the center’s location under the freeway, the air is filled with exhaust from automobiles traveling above. Inside, fans are placed throughout to further circulate the air into the cells where detainees are held. There is no sunlight, lighting is very dim and temperatures are extremely hot in the summer and cold during the winter. The facility contains 13 cells with roughly 40 individuals housed in each cell. Detainees sit on the floor of the cell on mattresses which also serve as their beds. They are allowed to leave their cells, but not the detention facility, on very rare occasions – such as laundry detail or to receive medical treatment – and never leave the facility until their release. There is a bathroom and a separate shower in each cell which are enclosed; however there is virtually no privacy. Women are housed together according to their nationality and men are housed alphabetically. The average length of stay can range from one month to over a year, depending on the length of time it takes to arrange deportation or voluntary departure. CLMC has played an instrumental role in helping to improve the dire conditions of the facility. Prior to their intervention, detainees had no bathrooms, showers or mattresses to sleep on. Furthermore, they were unable to have their clothes washed and were living in utter filth. Working closely with General Security, CLMC now has several full-time staff working 24-hours a day in the facility with detainees. Additionally, CLMC was able to put bathrooms and showers in each cell, provide mattresses for each detainee, purchase a washer and dryer to clean the detainees’ clothes and bedding , and provide 3 hot meals per week. Human Rights Watch released a report in November 2007 entitled, ‘Rot Here or Die There: Bleak Choices for Iraqi Refugees in Lebanon,’ showing the conditions that Iraqi refugees face in Lebanon if they are without documentation. In response to the report and pressure from other NGOs, General Security agreed in 2008 to release all Iraqis detained for illegal entry and allowed them to go through the existing regularization process once released. UNHCR, in coordination with its implementing partner Caritas Lebanon, supported this directive by assisting refugees with the initial regularization fee of $600, as well as providing legal advice and counseling. After being released, Iraqis have 3 months to regularize their status which requires them to find an employer who will sponsor them for a work permit. The government has recently extended this period to 6 months with the overall number of arrests declining. This decision benefits not only Iraqi refugees, but all foreigners including refugees and asylum seekers of other nationalities who have entered Lebanon illegally. Visits with Iraqi families: Commission staff had the opportunity to visit Iraqi families in their homes in eastern Beirut. The families shared their tragic stories with staff and the circumstances in which they are living in Lebanon. While all expressed relief to be safe from the violence in Iraq, they are faced with a great deal of uncertainty about the future and a severe lack of resources. Their compelling stories follow: CASE A: Hana has 4 children. She is the head of her family since her husband was kidnapped in Iraq. The family came to Lebanon legally in December 2007. Hana’s eldest son was in his first year of medical school in Iraq when he received many threats. One day, while walking home from work, her son and his friends were attacked and her son was shot in the arm, his friend was shot in the face. Hana's son was able to make it to the family home; however, they had no medicine with which to treat his wounds. Hana's husband went to the pharmacy for medicine and was kidnapped, never to be heard from again. The family searched relentlessly for him in hospitals and police stations to no avail. With no news, a family member urged them to leave the country immediately for fear of another attempt on the life of the son. Hana's son is currently incapacitated because of his injured arm, however he was able to receive reconstructive surgery in February. Only one family member is currently able to work and the income is insufficient to meet their needs. However, during the visit Hana informed Commission staff that the family had just been notified by UNHCR that their case was approved for resettlement to the United States. CASE B: Rita, mother of 2 boys, is the head of the family since her husband was kidnapped in 2006 while she was pregnant. She came to Lebanon legally with her unmarried brother in June 2008. Her husband was a driver for the U.S. military. He received threatening letters, but never took them seriously. Rita’s mother had fled to Lebanon before her daughter after her own husband was murdered. Rita’s brother was traumatized by his father’s death and suffers from psychiatric complications. The family has no financial resources. Just two days prior to the meeting with Commission staff Rita had found a job in a textile factory working from 7 a.m. to 6 p.m. CASE C: Rana is a widow and the mother of 3 children. She came to Lebanon legally in May 2008. Her husband was a driver for the Christian Archbishopric in Iraq and was murdered in February 2008. Rana is severely traumatized. She is unable to care for herself and her children or to provide for them financially. Rana’s mother, who lives with her, suffers from cancer; she will be leaving soon for the United States. Rana hopes that she and her children can also be resettled to the U.S. with her mother. Caritas Shelter for Victims of Trafficking: In 2003, Caritas began implementing a program funded by the U.S. Department of State (G/TIP) for victims of trafficking. The program involves extensive cooperation with the General Security agency in Lebanon. According to Caritas, women migrant workers who are victims of trafficking have access to a safe house where they are able to escape their situation and consider future options, receive medical care, basic needs assistance, trauma counseling, legal aid, and counseling for future options in a supportive environment, and possible return to their country of origin or to a safe work situation in Lebanon. A 2005 survey conducted by Caritas/IPSOS found that 55 percent of migrant domestic workers in Lebanon face physical abuse, 39 percent are verbally abused and 17 percent are sexually abused. During the visit, staff met with a woman who had been brought to Lebanon to work for a wealthy family and faced unimaginable torture and abuse. As she recounted her story, she trembled with fear of the horror that she lived for five months before escaping. Upon arriving in Lebanon, her passport was taken, she was forced to work long hours without pay and was typically fed very little food. She was locked inside the house when the family for whom she was working was not at home. In addition to facing the aforementioned abuse, family members would take turns holding her down on the floor and burning her bare skin (body and face) with a hot iron. After enduring this severe trauma and torture for months, she escaped one day when the family was not home by jumping from a second story window. She has been living in the Caritas shelter since her escape. The International Catholic Migration Commission (ICMC): ICMC is the U.S. State Department's representative for processing refugees in Lebanon and works closely with the U.S. Embassy in Beirut and representatives of the Department of Homeland Security (DHS), in the conduct of screening interviews for those Iraqi refugees and others who seek resettlement to the United States. Just prior to the Commission staff visit, a DHS “circuit ride” of interview staff had been in residence at the Embassy compound conducting security interviews under very difficult circumstances – for both DHS and embassy staff. Security concerns require that all interviews must take place on the Embassy compound. Due to substantial space limitations and to ensure privacy for those being interviewed, Embassy and DHS personnel are required to operate in shifts, some lasting late into the night, in order to accommodate all applicants who travell to the Embassy each day. Under these trying circumstances, DHS personnel were nevertheless able to interview 920 applicants in a four week period. ICMC staff expressed gratitude not only for the DHS staff's fortitude under this grueling schedule, but also for their professionalism and compassion in dealing with those being interviewed. In order to alleviate these conditions, State and DHS should explore the possibility of permanently assigning one or two DHS interviewers to Embassy Beirut and providing additional housing and work space to accommodate their activities. Cultural Orientation: ICMC and the United States Refugee Program (USRP) conduct an intensive two day cultural orientation for Iraqi refugees who will be resettled to the United States. The cultural orientation is designed to provide Iraqis with a better understanding of what to expect once they arrive in the U.S. The following topics are covered in the ICMC-USRP cultural orientation training program: Cultural differences. The departure process and airport regulations. The nature of the IOM travel loan and the obligation to pay it back after arrival to the U.S. The responsibilities of the Resettlement Agency and the refugee during the first ninety days after the refugee’s arrival in the United States. Information on a refugee’s legal status until the acquisition of citizenship, including rights and restrictions of each status. Information on housing and transportation in the United States. The importance of learning and obeying the laws of the United States at federal and state level and the consequences of violating U.S. law. Information on the child and adult education system in the United States and the importance of learning English. The importance of finding and holding a job and understanding work values in the United States. Information on the health care system in the United States. Information on money management. Commission staff participated in an afternoon session during the first day of orientation for a group of Iraqis who had been approved for resettlement to the U.S. During the session participants raised the following questions: I have an international driver’s license; will that work in the United States? If both parents must work, who will watch the kids? Can I work right away when I get to the United States? Staff asked the group how they felt about relocating to the United States, (e.g. nervous, happy or fearful). Those who replied generally expressed apprehension. One gentleman said he won’t know until he’s “on the plane.” CONGRESS In July, Helsinki Commission Chairman, Congressman Alcee L. Hastings introduced the Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act (H.R. 6496), comprehensive legislation that addresses this worsening situation. H.R. 6496 has been endorsed by more than 25 NGOs and religious organizations and does the following: Authorizes $700 million for each fiscal year beginning in 2009 through 2011 for the relief of Iraqi refugees and Internally Displaced Persons; Increases direct accountable bilateral assistance, as appropriate under U.S. law, and funding for international organizations and non-governmental organizations working in the region; Authorizes $500 million to increase humanitarian aid and infrastructure support for Jordan; and Urges increased cooperation between the United States Government and the international community to address this crisis. CONCLUSION Iraqi refugees in Syria, Lebanon and elsewhere in the region continue to suffer daily and are faced with unimaginable circumstances. While the American public does not see pictures of ‘refugee camps’ set up in host countries, there are millions of Iraqis struggling to survive each and every day. On the ground, desperation has set in and only worsened this humanitarian crisis. The politics of the war must be put aside by Congress and a ‘humanitarian surge’ must be implemented. This means the provision of substantially increased bi-lateral aid, as appropriate under U.S. law, to countries hosting Iraqi refugees and increased funding to international organizations and NGOs working in the region. A U.S. contribution of at least fifty percent of the amount requested for all UN appeals for funding to assist Iraqi refugees, and IDPs, would show U.S. leadership in addressing this crisis, and hopefully encourage increased contributions by other countries as well. The process for resettling Iraqi refugees to the United States must also be expedited. This is particularly critical for those Iraqis whose lives have been threatened because of their work for the United States. The United States should also show leadership in encouraging the international community to focus on this humanitarian crisis, recognize it for the potential security threat it poses, and take steps to alleviate the suffering Iraqi refugees. If a picture is really worth a thousand words, then all one must do is look into the face of an Iraqi refugee who has had a family member murdered, kidnapped, or tortured, and their own life threatened, to know that the United States must respond – security in the region and the future of the Middle East depend upon it.