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Migration, Refugees, and Displaced Persons

The Commission has held several hearings and other events on refugees and migration, including a 2015 hearing on the refugee crisis in Europe, a 2013 hearing on Syrian refugees fleeing to the OSCE region, and a 1993 hearing on migrant farmworkers in the United States that preceded the 1994 CSCE Human Dimension Seminar on Migrant Workers.

Commission efforts have also focused on combating prejudice and bias-motivated crimes against refugees and migrants and ensuring that OSCE participating States keep their OSCE commitments regarding these populations. The Commission has consistently supported a strong role for the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) in assisting participating States in this regard.

Staff Contacts: Nathaniel Hurd, senior policy advisor; Mischa Thompson, senior policy advisor

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

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

  • 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.

  • Human Rights, Democracy, and Integration in South Central Europe

    The hearing, led by the Hon. Christopher H. Smith,  the Hon. Sam Brownback , and the Hon. Benjamin L. Cardin, focused primarily on the legal restrictions on religious activities and other attacks on religious freedom, lagging efforts to combat trafficking in persons, discrimination and violence against Roma, and the prevalence of official corruption and organized crime. The efforts to encourage Bosnia-Herzegovina to move beyond the limitations imposed by the Dayton Peace Agreement will be discussed. Further, the plight of the displaced and minority communities of Kosovo, and the need for Serbia to cooperate fully with the International Criminal Tribunal will also be covered.   

  • From Promises to Practice: Implementation of National Policies on Roma, Sinti and Travellers

    By Erika Schlager, Counsel for International Law A recent conference on Romani issues provided a positive benchmark on how far the international community has come in addressing discrimination toward Europe’s largest ethnic minority group.  The meeting also served to highlight how much more national governments have to do to address the needs of Roma in their countries.  On May 4 and 5, 2006, the Government of Romania, along with several inter-governmental and non-governmental partners, hosted an “International Conference on the Implementation and Harmonization of National Policies for Roma, Sinti, and Travellers:  Guidelines for a Common Vision.”  The two-day meeting, conducted in Romani, Romanian, and English, was well attended and focused on housing, employment, community policing, and the status of Roma in Kosovo. Although one opening speaker joked that the magnitude of logos on display for the numerous hosts reminded him of medieval European heraldic insignia, the meeting demonstrated that at least in one area – Romani issues – two major players in this field, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, are able to put aside institutional rivalries in favor of cooperation.  The conference hosts included the Austrian Presidency of the Council of the European Union, the Council of Europe, the European Commission, the European Union Monitoring Center, the European Roma and Travellers Forum, the OSCE, the Project on Ethnic Relations, and the Romanian Government in its capacity as Chair of the Council of Europe and as President of the Decade of Roma Inclusion.  The Bucharest conference was convened to follow up on a similar meeting held in October 2005 in Warsaw. The title of the meeting underscored one of the key goals of Romani activists: turning promises into practice.  For national governments, this means developing both the legal framework as well as the political will necessary for the full implementation of national policies and practices that meet the needs of their Romani minorities.   Currently eight countries – Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, and Slovakia – participate in the “Decade of Roma Inclusion.”  The Decade is a multilateral initiative, supported by the Open Society Institute (OSI) and the World Bank, designed to establish measurable national goals for improving the situation of Roma in four priority areas:  education, employment, health, and housing.  In the context of this initiative, all of the countries involved have adopted national action plans as a basis for addressing these specific areas during the period 2005-2015. Romani leaders look to opportunities like the Bucharest conference to push for improved implementation of the action plans.  Nicolae Gheorghe, a veteran of the Romani civil rights movement who will soon conclude his tenure as the OSCE Senior Advisor remarked that, 16 years ago, he thought the impetus for change would come from international organizations.  Today, he suggested, change must be implemented by national governments. The focus of the conference was by no means exclusively on the eight Decade countries.  While these eight countries collectively are home to roughly half of Europe’s Romani population, the addition of Central Europe’s large Romani minority into an expanded European Union has also served to heighten the attention given to Romani issues in Western Europe.  This heightened awareness was reflected in the inclusion of speakers from countries such as Finland, Spain, Sweden, and the United Kingdom.  Indeed, one Council of Europe speaker drew pointed attention to problems “in some of the oldest members of the European Union.” The situation of Roma in Kosovo as well as Kosovo Romani refugees and internally displaced person was addressed in a plenary session that underscored the widespread concern over the precarious situation of that particular Romani community.  The plight of Kosovo Roma remains a top priority for Romani activists across the region.  Some speakers argued that Romani representatives should be included in the ongoing status talks on Kosovo. The conference also addressed the issues of housing, employment, and police relations as they relate to the Romani communities.  A Council of Europe official suggested that, in the aftermath of Romania’s recent floods, the Romanian Government should take advantage of the opportunities presented in the post-emergency context to regularize the legal status of Romani housing in flood-affected areas.  A Hungarian Romani police officer noted that the inspiration for his transnational Romani Police Officers Association came from a meeting in New York with representatives of the National Black Police Officers Association. Changes Bring New Challenges As a benchmark for progress, the conference clearly showed how far the international community has come in addressing Roma issues.  In 1994, the OSCE held its first seminar on Romani human rights issues.  At that meeting, two interventions illustrated clearly the chasm that separated governments from the experiences and perspectives of their most vulnerable citizens.  On one side stood Florina Zoltan, who described the brutal pogrom in Hadareni, Romania, that one year earlier had left her a young widow.  On the other side, an Italian Government official welcomed the opportunity to attend a meeting where one could finally talk about that pesky “Gypsy crime problem.”  There was little room for dialogue, let alone mutual cooperation. Twelve years later, the landscape has changed dramatically.  Many government delegations to the Bucharest conference included Romani officials, and the improvements made in protecting the basic human rights of Roma now leaves enough political space for the discussion of other factors which contribute to the marginalization of Europe’s largest minority.  (At the same time, this development prompted one Romani NGO to lament the virtual decapitation of the Romani civil rights movement:  as more Roma move into government and inter-governmental positions, there are fewer independent Romani voices to hold those authorities accountable.) As the number of international meetings on Romani issues has increased in recent years, organizers of such meetings face considerable challenges in meeting the ever higher expectations for them, and governments, non-governmental actors, and international organizations must work hard to avoid duplication and create a sense of forward motion and real change.  And, as suggested in concluding remarks by a Council of Europe representative, such conferences must figure out how to reach out to local governments, national parliaments and, above all, the majority populations which are the source of the discrimination Roma face.

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions.  The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels.  A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting.  In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries.  In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality.  Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions.  They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for             the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • 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.  

  • Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council

    By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce.

  • Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia

    The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Deplorable Human Rights Conditions Recalled at Helsinki Commission Hearing on Chechnya

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing September 16, 2003 on the current human rights situation in, and future of, Chechnya. Testifying before the Commission were Ambassador Steven Pifer, Deputy Assistant Secretary of State for European and Eurasian Affairs; Anna Politkovskaya, Moscow journalist and author; Dr. Robert Ware, Associate Professor at Southern Illinois University; and Lord Frank Judd, Member of the British House of Lords and former Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya. In his opening statement, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), called the situation in Chechnya "the most egregious challenge to international humanitarian law in the OSCE region." "The Russian Government declares that the situation in Chechnya is normalizing, and that the 'counter-terrorism operation' is over," Smith said, " but it appears to be a tenuous claim, if that." Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) noted the efforts of the U.S. Delegation to the OSCE Parliamentary Assembly to raise human rights issues in Chechnya through resolutions and bilateral meetings with Russian counterparts urging them to "take a position responsible for the human rights issues in Chechnya." In prepared remarks, Commission Co-Chairman Ben Nighthorse Campbell observed, "The picture the Kremlin does not want us to see is a wasteland dotted with mass graves, villages depopulated of men--young and old, and unspeakable crimes committed against civilians. Each side should and must be held accountable for its acts of lawlessness and brutality. Extrajudicial executions, forced disappearances, and abuse of the non-combatants by elements of the Russian military continue." Deputy Assistant Secretary Pifer reported that since his appearance before the Commission on Chechnya in May 2002, "The daily reality for the people of Chechnya has been bleak and deteriorating" and that "[t]he toll of casualties, both Chechen and Russian...continues to mount." He noted that the majority of Chechens, whether those inside Chechnya or displaced to other regions of the Russian Federation, are living in dire conditions. "Deplorable violations of human rights persist," Pifer continued, and "terrorist attacks by Chechen extremists have increased." After the 1994-96 Chechen war, according to Pifer, the resulting chaos and lack of rule of law drew international terrorists to Chechnya. Additionally, treatment by Russian security forces of the civilian population during the current war has contributed to growing extremism and further sharpened the conflict. "Moscow's black and white treatment of the conflict," he said, "makes cooperation in the war on terrorism more difficult as its conduct of counter-terrorist operations in Chechnya fuels sympathy for the extremists' cause and undermines Russia's international credibility." Pifer outlined the three pillars of U.S. policy vis-a-vis Chechnya: an end to all human rights violations; cessation of all fighting and a process that will produce a sustainable political settlement, and; continued humanitarian assistance for those affected by the conflict. In response, Chairman Smith urged the Administration to make Chechnya a leading topic at the late September Camp David meeting between Presidents Bush and Putin. Ambassador Pifer stated his expectation that "these concerns will be among the most troubling that the two leaders will find on the U.S.-Russian agenda." In a subsequent Moscow press conference, Russian President Vladimir Putin expressed considerable displeasure with Pifer's forthright remarks at the Helsinki Commission hearing. Anna Politkovskaya focused on the October 5th presidential election in Chechnya and the legitimacy of the new [March 23, 2003] constitution. The vote on the constitution, she testified, "basically gave the people of Chechnya a choice of being good 'Chechens' and therefore have the right to live, or being bad 'Chechens' and therefore opening themselves to the possibility of being exterminated." Regarding the presidential elections, Politkovskaya noted the advantages given to the Moscow-supported incumbent, Akhmed Kadyrov. He has been given the ability to "create huge armed units," she continued. "What this amounts to is...a sponsorship of an all-out Chechen against Chechen war." Dr. Robert Ware testified about the lack of acknowledgment of the Chechen invasion of Dagestan and the resulting 32,000 IDPs, and multiple human rights violations that occurred during Chechnya's de facto independence. "Russia had a moral obligation to protect its citizens in the region," Dr. Ware stressed. Ware stressed the importance of making sure that both sides of the story were taken into consideration. "There is no peace and reconciliation without truth," Ware warned. "And there is no truth when you look at only one side of the problem." Lord Judd, who quit his position as Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya over Moscow's insistence on conducting the March constitutional referendum, called the constitution issue "deeply disturbing." "There should have been debate and evaluation, pluralist and independent media, freedom of association, and freedom for political parties were needed [as well as] sufficient non-menacing security for people to feel freely able to participate," Judd continued. Commenting on the West's relationship with Russia, Lord Judd exclaimed, "In the case of the Chechen Republic, it is inexplicable folly to hold back on criticism when by their policies and methods of implementing them, the Russians are perversely recruiting for the global terrorists." The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Jason Ekk contributed to this article.

  • 80th Anniversary of the Turkish Republic

    Mr. Speaker, this week the Turkish Republic, an original participating State of the Organization for Security and Cooperation in Europe, will mark its 80th anniversary. The Turkish Government, led by Prime Minister Recep Tayyip Erdogan, is working hard toward membership in the European Union. The accession of Turkey to the Union would recognize the important reforms that have already been adopted and accelerate the reform process. The various constitutional reform packages in recent years have addressed, or begun to address, many longstanding human rights concerns. As Chairman of the Helsinki Commission I am pleased to note that much needed change is beginning to take place. For example, the crucial issue of torture is finally receiving the attention necessary to prevent such abuse and address the legacy of this endemic scourge. Perpetrators of torture are facing punishment by a new generation of state prosecutors. For the first time, police who have committed acts of torture are being brought to justice. However the ongoing use of torture in southeast Turkey in the guise of anti-terrorism is an outrage that Turkey must bring to a halt. It is not enough to pass these reforms or to hold a few show trials. No, all transgressors must be arrested and tried. There must be a zero tolerance policy in place on torture. Other issues of concern have also benefited from the reform package process. For example, religious communities with "foundation'' status may now acquire real property, as well as construct new churches and mosques and other structures for religious use. However, there is a considerable gap between the law and its application. Also, while the problem of allowing the return of internally displaced persons who fled the internal conflict with the PKK terrorist organization remains. Renewed efforts to address this problem are promising, such as inviting the UN Rapporteur on IDPs to visit and the possibility that Turkey may host an international conference on internally displaced persons. While Turkey still has a long way to go to successfully eradicate human trafficking in its borders, the government has taken some positive steps. While I am pleased Turkey has expanded its cooperation with source countries to improve its victim protection efforts, I want to encourage continued improvement to wipe out this modern day slavery. Unfortunately, Mr. Speaker, other serious concerns remain. While Turkey works to bring its laws and regulations into conformity with the Copenhagen criteria for EU accession and works toward fulfilling human rights commitments as an OSCE participating State, actions taken by police and other government authorities raise doubts as to the sincerity of these reforms. The imprisonment this month of Nurcihan and Nurulhak Saatcioglu for attending demonstrations four years ago protesting the prohibition against head scarves in public institutions, is deeply troubling. The fact that the government denies women who choose this religious expression the ability to attend state-run universities and work in public buildings, including schools and hospitals, is counterproductive and an encroachment of their right to freedom of expression. Similarly, authorities severely curb the public sharing of religious belief by either Muslims or Christians with the intent to persuade the listener to another point of view. These limitations on religious clothing and speech stifle freedom of religion and expression and are contrary to Turkey's OSCE commitments. At a fundamental level, the inability of religious groups to maintain property holdings is problematic, as the Office of Foundations has closed and seized properties of non-Muslim religious groups for contrived and spurious reasons. Groups most affected by this policy are the Syrian Orthodox, Armenian Apostolic and Greek Orthodox churches, which have also experienced problems when seeking to repair and maintain existing buildings or purchase new ones. I hope the application of the aforementioned reforms will rectify this problem. The most notable property issue concerns the continued closure of the Orthodox Theological School of Halki on the island of Heybeli in the Sea of Marmara. Considering the reportedly promising conversations between the church and government, I urge Turkey to return full control to the Ecumenical Patriarchate and allow religious training to resume, in keeping with relevant OSCE commitments. Furthermore, religious groups not envisioned by the Lausanne Treaty have no legal route for purchasing property and building facilities, since the new legal provisions affect only communities with the official status of a "foundation.'' As no process exists for these other groups to obtain foundation status, they are forced to meet in private apartments. This lack of official status has real consequences, since provincial governorships and the Ministry of Interior have initiated efforts to close these meeting places, leaving the smaller Protestant groups and Jehovah's Witnesses without any options. Churches and their leaders in Diyarbakir, Mersin, Iskenderun and other towns all face troubling government prosecutions and threats of closure. I urge Turkey to create a transparent and straightforward process to grant religious groups so desiring official recognition, so that they too can enjoy the right to establish and freely maintain accessible places of worship of assembly. The continued incarceration of four Kurdish former parliamentarians: Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak is particularly disturbing. Convicted in 1994, they have won their appeal to the European Court of Human Rights and were granted a retrial under recent Government of Turkey legal reforms. The retrial began March 28, and at each of the eight sessions, most recently October 17, the court has refused to release the defendants. Their continued imprisonment is an outrage. Mr. Speaker, on the 80th anniversary of the Turkish Republic, the initial legal reforms put in place by the government display Turkey's--or at least the legislators in Ankara's--apparent willingness to address much needed reforms in human rights practices. But actions speak louder than words. We need to see implementation of these reforms seriously carried out before we can rest assured that Turkey has met minimal OSCE human rights commitments. As Turkey strives to enter the European Union, I applaud the efforts that have been made to date and urge Ankara to intensify the reform process.  

  • The Path to Justice in Southeastern Europe

    This briefing examined the status of current and future efforts to bring justice to southeastern Europe after a decade of conflict dominated by war crimes, crimes against humanity and genocide. The international responses to the atrocities committed in Yugoslavia during the 1990s, including the establishment of the International Criminal Tribunal for the former Yugoslavia, were addressed. Theodor Meron, President of the Tribunal since March 2003, discussed the ongoing efforts of ICTY and the possibility of completing all trials by 2008 and appeals by 2010. He also addressed the advantages of transferring some cases for trial in national courts in the region and the challenges these courts would face in meeting international standards, including witness protection, fostering inter-state cooperation and garnering unbiased, independent judges.

  • Relatives Testify to Struggles to Resolve Missing Persons Cases in Former Yugoslavia

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia. In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict. Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss." In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases. Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth." In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this." Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin. "Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights." Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed. Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization. "I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence." Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony. "All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth." Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK). Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result. "I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested." Maric added that his group has had no direct contact with the Croatia military on their cases. Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military." Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe. Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record. All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Holds First Annual Security Review Conference

    By Bob Hand CSCE Staff Advisor The Organization for Security and Cooperation in Europe organized a two-day Annual Security Review Conference (ASRC) on June 25 and 26, 2003, in Vienna, Austria. The U.S. proposal to hold this conference was approved in December 2002 by the OSCE's Foreign Ministers' meeting in Porto, Portugal. The conference's goal was to provide increased emphasis and profile to hard security questions from agreements in conventional arms control and Confidence- and Security-Building Measures (CSBMs) to police-related activities and combating terrorism. In this sense, the ASRC differs from OSCE's Annual Implementation Assessment Meeting held under the auspices of the OSCE Forum for Security Cooperation, which more narrowly focuses on CSBM implementation. The meeting consisted of opening and closing plenary sessions, and four working groups devoted to a) preventing and combating terrorism; b) comprehensive security; c) security risks and challenges across the OSCE region; and d) conflict prevention and crisis management. U.S. Priorities for the Implementation Review Leading up to the conference, Helsinki Commission Co-Chairs Christopher H. Smith (R-NJ) and Ben Nighthorse Campbell (R-CO) urged the U.S. Department of State to conduct a thorough implementation review which focused on the need for the participating States to comply with their security-related OSCE commitments. Russian military operations in Chechnya and the Caucasus, democratic political control over the military, security forces and intelligence services, so-called "frozen conflicts" like those in Moldova and the Caucasus, combating terrorism, money laundering and non-proliferation were subjects of particular concern noted by the co-chairs. Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Missing Persons in Southeast Europe

    Rep. Chris Smith (NJ-04) and Sen. Ben Nighthorse Campbell heard from people who had lost relatives in the former Yugoslavia (i.e. Kosovo, Bosnia-Herzegovina, and Croatia) during the years of conflict in that region. This hearing specifically focused on Serbians who lost relatives in Kosovo, Bosnia-Herzegovina, and Croatia. The panelists – Olgica Bozanic, Verica Tomanovic, Cedomir Maric, and Gordana Jaksic – represented not only themselves and their own families, but also organizations consisting of hundreds of families of the missing.

  • Helsinki Commission Examines Plight of Internally Displaced Persons

    By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Displaced Persons Facing Serious Obstacles in Russia

    Mr. Speaker, today I want to bring to the attention of colleagues two situations concerning internally displaced persons (IDPs) in the Russian Federation. I recently chaired a Helsinki Commission hearing to assess the plight of IDPs, including those in the Caucasus region.   The first involves IDPs from Chechnya who, according to reliable sources, continue to be pressured by Russian authorities to return to the war-torn capital city of Grozny, despite continuing violence there and a lack of many basic services. According to the State Department's Country Reports on Human Rights Practices for 2002, approximately 140,000 persons remained internally displaced within Chechnya, with 110,000 more displaced in the neighboring republic of Ingushetia. Despite international attention, including a letter initiated last fall by the Helsinki Commission, which I chair, the Russian Government continues to pressure IDPs to return, and in some cases limits the ability of NGOs to provide assistance.   My concern for the safety of Chechen IDPs is well founded, as authorities in the past year closed three IDP camps, two near the village of Znamenskoye in northern Chechnya and the Aki-Yurt camp in Ingushetia, effectively forcing the residents back to Grozny. Reports of violence and human rights violations by both Russian military units and Chechen rebels in Chechnya are disturbing. The ongoing chaos in that war-torn region has kept UNHCR from certifying Chechnya as a safe return destination, which is supported by the fact that many international aid agencies have limited or suspended their operations out of concern for the safety of aid workers.   Despite this lack of security, the United Nations estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year, with many complaining of government coercion. While no camp has been closed since December 2002, Doctors Without Borders reports that government officials threaten to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. The stationing of Russian troops near IDP camps and the limiting of assistance from international agencies to camp residents represent pressure tactics to “encourage” the return of IDPs to Chechnya.   Clearly, the Russian Government is not respecting the fundamental right of individuals to seek safe refuge. As a participating State of the Organization for Security and Cooperation in Europe (OSCE), the Russian Federation has committed to facilitate sustainable solutions to the plight of IDPs and the voluntary return of such individuals in dignity and safety. I urge President Putin to intervene to ensure that Russian policy and practice are consistent with these OSCE commitments and that no IDPs be effectively forced to return to their homes in Chechnya until the conditions have been created for their return. To do otherwise would place the lives of tens of thousands of innocent Russian citizens at risk.   The second situation I want to briefly highlight concerns the plight of Meskhetian Turks in the Krasnodar Krai region of the Russian Federation. Also known as Ahiska Turks or Meskhetians, Meskhetian Turks were forced to relocate twice within the past 50 years, first from Soviet Georgia in November 1944 to the Soviet Socialist Republic of Uzbekistan. In 1989, approximately 90,000 Meskhetian Turks fled ethnic conflicts in Uzbekistan to all parts of the Soviet Union, with the largest concentration today found in Krasnodar Krai. Numbering approximately 13,000, these displaced individuals find themselves in a virtual no man's land, denied citizenship and permanent residency permits, as well as many other fundamental rights.   Due to loopholes in the Russian citizenship law and the improper application of this law by Krasnodar Krai authorities, Meskhetian Turks must register as “guests” every 45 days, may not legally register the purchase of a house or car, and their marriages and deaths are not officially recorded. Most are denied education above high school, as well. The Krasnodar regional legislature enacted a series of laws in 2002 in an attempt to pressure the Meskhetian Turks to leave. Corresponding with the expiration of the temporary registration held by most Krasnodar Meskhetian Turks, the laws reportedly cancelled leases on land or denied lease renewals for the 2002 crop season. Furthermore, chauvinistic local authorities have not intervened to prevent local Cossack paramilitary units from repeatedly victimizing Krasnodar Meskhetian Turks through public harassment, robbery, and vandalism. In late May, a mob of around 50 people attacked Meskhetian Turks and other non-Russian-looking individuals in two villages, injuring 30 people and hospitalizing six.   By not granting citizenship or providing permanent residency status, current Russian policy enables the discriminatory practices subjugating the rights of Meskhetian Turks in Krasnodar Krai to continue. Mr. Speaker, President Putin cited the problems of citizenship and stateless persons in his annual State of the Federation address earlier this year. The Russian President pointed out the complexities and uncertainties faced by stateless persons in Russia. I urge him and Members of the State Duma to rectify the status of Meskhetian Turks and other stateless persons. Meanwhile, the Kremlin should intervene to ensure that Krasnodar Krai officials desist in their discriminatory treatment of the Meskhetian Turks until their status is normalized, as well as guarantee the prosecution of violent criminals.  

  • Certification of Assistance to Serbia

    Mr. Speaker, the U.S. Department of State last week made its determination to certify compliance by the Government of Serbia and Montenegro with the terms of section 578 of the Consolidated Appropriations Resolution (P.L. 108-7). This section conditions certain bilateral assistance to Serbia on progress in three areas, although by far the most critical being cooperation with the International Criminal Tribunal for the former Yugoslavia.   I agree with the Department’s assessment that progress has been made, especially since March. In particular, I welcomed action earlier this month by the Serbian authorities to apprehend Veselin Svjilancanin, indicted by the Tribunal for the 1991 massacre near Vukovar in Croatia. Although there was resistance, this action was a success and signaled what is perhaps a new determination by Belgrade to transfer all remaining indictees. Having been in Vukovar, along with my good friend and colleague Mr. Wolf, just before the city fell to Serb forces, I am glad to see all three indicted by the Tribunal for this crime will be tried in The Hague.   Nevertheless, Mr. Speaker, I am concerned that the Department’s determination was the wrong one to make. While progress has been made, it remains insufficient. Still at large and believed to have been in Serbia are several other persons, including Ratko Mladic and others, Ljubisa Beara, Vujadin Popovic, Ljubomir Borovcanin, Vinko Pandurevic and Drago Nikolic, indicted by the Tribunal for their connection to the1995 Srebrenica massacre in which thousands of innocent people were executed.   I am concerned, deeply concerned, that these individuals will continue to evade justice while officials in Belgrade may get the impression they have done enough. Clearly, they have not. Mr. Speaker, I would urge Serbian authorities to take the action necessary to remove "cooperation with the Tribunal" as an outstanding issue in our bilateral relationship. In doing so, they will also continue to help Serbia emerge from Slobodan Milosevic’s legacy of nationalist hatred.   In the meantime, Mr. Speaker, I also urge the State Department to use remaining levers to encourage not just better, but full, cooperation with the Tribunal, which Secretary Powell had assured Mr. Cardin and myself in correspondence was a position we all shared. The crimes which occurred were too severe and too horrendous to allow those responsible to escape justice.

  • Internally Displaced Persons In The Caucasus Region And Southeastern Anatolia

    Rep. Chris Smith (NJ-04), other legislators, and witnesses discussed Internally Displaced Persons (or IDPs) in the north Caucasus region of the Russian Federation, Georgia, Armenia, Azerbaijan, and Turkey. At the time of this hearing, this set of countries represented the greatest concentration of IDPs fleeing conflicts anywhere in the OSCE, which then consisted of 55 states. IDPs are not granted the same protections as refugees as stipulated under the U.N. Refugee Convention, although IDPs face similar problems, due to the fact that IDPs do not cross international borders.

  • Human Rights in Chechnya Focus of Helsinki Commission Briefing

    By John Finerty, CSCE Staff Advisor The United States Helsinki Commission held a briefing April 24, 2003 on the critical human rights and humanitarian situation in war-torn Chechnya, Russian Federation. The panelists of the briefing were Eliza Moussaeva, Director of the Ingushetia office of the Memorial Human Rights Center, and Bela Tsugaeva, Information Manager of World Vision, Ingushetia. The Commission guests were accompanied by Maureen Greenwood, Advocacy Director for Europe and Eurasia, Amnesty International, USA. Helsinki Commission Deputy Chief of Staff Ron McNamara opened the briefing. “Despite concerted efforts by the Russian leadership to portray the situation in Chechnya as approaching normal, the pattern of clear, gross and uncorrected violations of OSCE commitments by Russian forces continues,” McNamara said. “From reports of credible and courageous human rights activists such as our panelists, it is clear that the most egregious violations of international humanitarian law anywhere in the OSCE region are occurring in Chechnya today.” Ms. Moussaeva said that, as of late, Russian forces no longer conduct sweep operations (“zachistki”) in search of rebels, but now rely on night raids by masked personnel. In the three months from January to March, there were 119 abductions by federal forces engaged in such operations, according to Moussaeva, who added that during the same period last year, there were 82 abductions marking an increase in such activity by Federation forces. This shift in tactics has made it more difficult for families to trace their abducted relatives, whereas previously relatives generally knew which units had conducted the sweeps. Now, units and identities of the raiders are unknown, as well as the location of detainees. Officially, 2,800 persons are missing. Memorial believes the actual number to be significantly higher. Mass graves are a common find. In January, one mass grave was found in which the exact number of corpses could not be ascertained, because the bodies had been blown up by grenades to hide traces of torture and abuse. Authorities claim these individuals were abducted by Chechen rebel forces; yet some family members, who were able to identify their relatives by the clothing on the bodies, say that these individuals were actually taken by federal forces. According to Moussaeva, Moscow’s highly-touted March 23rd constitutional referendum has not marked an improvement in Chechen life on the ground. On one single day after the referendum, Memorial received reports of several cases of individuals abducted by federal forces. On the same day, a bus exploded, killing nine. Ms. Moussaeva asked, “So we have the question, why did we need that referendum if it didn’t change the situation for the better, if it didn’t bring us stability?” Regarding an OSCE presence in Chechnya, Moussaeva said, “We hope that they would have the opportunity to open in Chechnya again, and it will be a great help for us. The OSCE had a very positive experience and a good image after the first war.” Ms. Tsugaeva spoke about the situation for internally displaced persons (IDPs). According to information compiled by the Danish Refugee Council, there are some 92,000 IDPs in the neighboring republic of Ingushetia, which has a population of only 350,000. Fifteen thousand of the IDPs live in five large tent camps, 27,000 in other structures such as industrial plants or farms, and 50,000 in private accommodations, for which most have to pay rent. Most individuals lack basic necessities and have been asked by Ingushetia to leave, yet they have nowhere to go. Refugees in this region have also been subjected to efforts by federal officials to drive them away. Seventy percent of aid comes mainly from international NGOs, and the remainder from the UN. Bread distribution to these people is vital but irregular. Most international NGOs have been unable to open offices in Chechnya due to the security situation, meaning only the most needy, such as children and the elderly, can be provided for. Many land mines scattered throughout parts of the country formerly occupied by military forces are an additional cause for concern. According to official statistics, there were over 5,000 victims of landmine explosions in 2002. Despite the work of international NGOs such as the Handicap International Organization, most of these victims do not have access to adequate medical care and are in one way or another incapacitated for life. Ms. Moussaeva stated that an office established by the Putin government to monitor the human rights situation in Chechnya was ineffectual and merely for show. Of more than 29,000 complaints of harassment by federal forces filed by individuals, only 550 had been investigated. Ms. Greenwood commended the Helsinki Commission for its letter to Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to push for a strong resolution to the conflict in Geneva. The recently concluded 58th Meeting of the UN Commission on Human Rights failed by a vote of 15-21 to adopt a U.S.-supported resolution expressing “deep concern” about reported human rights violations in Chechnya. “Amnesty would like to thank co-signers Senator Ben Nighthorse Campbell, Representative Christopher Smith, Senator Gordon Smith, Representative Steny Hoyer, Representative Robert Aderholt and Representative Ben Cardin,” Greenwood said. Furthermore, Greenwood expressed Amnesty International’s concern regarding the targeting of civilians on both sides of the conflict. Chechen rebel forces have engaged in abductions, hostage taking, and assassinations. Russians have used tactics such as extra-judicial executions, rape, and torture. Amnesty International profiles a few prominent cases, but these represent hundreds of other cases of human rights abuses. Ms. Greenwood presented Amnesty International’s recommendations for the United States Government, including: pressuring the Russian Government not to close tent camps for IDPs; encouraging the US Government to maintain funding levels of the Freedom Support Act for pro-human rights and democracy NGOs in the Russian Federation; demanding access to Chechnya for international journalists and observers; and, supporting the establishment of a human rights tribunal in the Council of Europe. Amnesty International’s recommendations for the Russian Government included providing accountability for previous abuses and ending violations of human rights law. Finally, Amnesty International called upon Chechen rebels to abide by international law, and stop the kidnaping and killings. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission intern Sean Callagy contributed to this article.

  • The Continuing Plight of Roma in Greece

    Mr. Speaker, the European Roma Rights Center (ERRC) and Greek Helsinki Monitor (GHM) have just published a report on the human rights situation of Roma in Greece. “Cleaning Operations: Excluding Roma in Greece” documents the plight of the inhabitants of the Romani settlement of Aspropyrgos, outside Athens, and details the problems of Roma across the country. Illustrated with stark scenes of bulldozed homes and marginalized and neglected Romani communities, a picture disturbing in more ways than one has been painted.   In particular, the report supports the accusation that the Government of Greece has used preparations for the 2004 Olympics as justification for the campaign to uproot Roma. Ironically, Greece currently holds the presidency of the European Union.   The Helsinki Commission, which I co-chair, held hearings in 1998, 2000, and in 2002 focused on the human rights problems faced by Roma with the intent of raising the awareness of these problems amongst the governments of the OSCE participating States. The plight of the Roma has also been addressed in specific hearings or briefings covering Greece, Russia, Serbia, Kosovo, and Romania, as well as the OSCE process.   Members of the Commission have also sent several letters to Greek leaders in recent years addressing longstanding human rights concerns in the Hellenic Republic, including those affecting the Romani community. These expressions of concern have specifically addressed forced evacuations of Roma from numerous villages, the abusive application of the use of national identity cards issued to Roma, the inability of Roma children to have access to schools on a non-discriminatory basis and other matters of blatant racial discrimination.   This newly released report on Roma clearly indicates that the Greek Government has failed to properly address many of these ongoing concerns. At a June 2002 Commission hearing on Greece, in fact, I raised the specter of an intensified campaign targeting Roma to obtain land for use as venues for the 2004 Olympics. This campaign is well documented in this report.   Notwithstanding the assertions of Greek officials at the Commission hearing that “everything is done (concerning the relocation) in consultation with, and with the consent of, the Roma involved,” numerous non-governmental organizations have raised such issues with Athens. Greek human rights activists have stepped forward.   As an original signatory to the 1975 Helsinki Final Act, Greece has accepted numerous commitments pertaining to the treatment of Roma and joined in condemning discrimination against Roma, a provision found in the 1999 Istanbul OSCE Summit Document. Regrettably, the Greek Government has failed to fulfill these commitments, as documented in the new ERRC/GHM report on Roma in Greece.   The ERRC and GHM conducted intensive field missions that revealed several patterns of human rights abuse against Roma in Greece: cruel and inhuman or degrading treatment of Roma in housing; police violence against Roma; exclusion of Roma from the educational system; and, barriers to access to health care and other social support services for Roma.   Based on the facts in this report and the discussions I have had over the years in my leadership capacity with the Helsinki Commission, I urge the Government of Greece to take corrective measures, without delay, along the lines recommended by the ERRC and the GHM:   1. Facilitate access to Greek citizenship for those Roma residing in Greece who are stateless and provide the necessary legal documents (such as identity cards) to all Roma.   2. Use all appropriate means to guarantee protection against forced evictions outside the rule of law and without due process.   3. Bring to justice public officials and private individuals responsible for forced evictions of Roma in breach of Greek law.   4. Carry out thorough and timely investigations into all alleged instances of police abuse.   5. Undertake effective measures to ensure that local authorities register all persons factually residing in a given municipality, without regard to ethnicity.   6. Ensure that Romani schoolchildren have equal access to education in a desegregated school environment.   7. Without delay, adopt comprehensive anti-discrimination legislation, as called for in the 1999 OSCE Istanbul Summit Document.   8. Conduct public information campaigns on human rights and remedies available to victims of human rights abuse, and distribute in both the Greek and Romani languages.   9. Conduct comprehensive human rights and anti-racism training for national and local administrators, members of the police force, and the judiciary.   10. At the highest levels, speak out against racial discrimination against Roma and others, and make clear that racism will not be tolerated.   The Helsinki Commission will continue to monitor the situation of Roma in the Hellenic Republic with the aim of encouraging the Government of Greece to implement commitments it has agreed to within the framework of the Organization for Security and Cooperation in Europe. The Commission will also work to ensure that the plight of Roma in Greece is raised at the Human Dimension Implementation Meeting to be held this fall in Warsaw.

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