Name

Racism

Over the past decade, there has been a surge of activities by Commissioners, the OSCE, and OSCE Parliamentary Assembly (PA) on issues related to heightened racist violence, including against Roma and People of African Descent in Europe and North America. 

Commission efforts have included annual hearings, legislation and inter-parliamentary initiatives on topics from combating hate crimes to discrimination in the OSCE region and OSCE Partner States.  For more than three decades, Commissioners have led U.S. Congressional efforts to address anti-Roma discrimination and violence. Commissioner initiatives, including OSCE PA resolutions, also set the stage for the OSCE’s creation in 2004 of three Personal Representatives focused on combating racism and xenophobia, anti-Semitism, and religious discrimination; and the creation of the Tolerance and Non-Discrimination (TND) Office within ODIHR, which annually collects hate crimes data and provides training and assistance to police, prosecutors, and civil society to combat prejudice and discrimination.  

In addition to holding regular hearings with the three Personal Representatives, head of the TND Office, and the Senior Advisor on Romani issues, since 2007, the Commission has held events on racism in the 21st century, hate crimes, racial profiling, Roma, Black Europeans, minorities in France, minority political participation, and refugees and migrants. Commissioners maintain robust engagement with civil society, including those working on these issues.

Commissioners have also served as keynote speakers at OSCE High Level Tolerance and Non-Discrimination Conferences; authored OSCE PA resolutions on combating racism and fostering diversity; and worked closely with OSCE Chairmanships and the U.S. Mission to the OSCE to support anti-racism efforts such as the OSCE/ODIHR first “Roundtable on the contemporary forms of racism and xenophobia affecting people of African Descent in the OSCE region” in 2011.  Follow-on initiatives have included a 2013 OSCE delegation of sixteen African Descent civil society leaders. 

Other Commissioner initiatives have included joint efforts with European Parliamentarians to advance inclusive governance through regular Transatlantic Minority Political Leadership events at the European Parliament, and with the State Department and German Marshall Fund to advance young diverse and inclusive leaders through the Transatlantic Inclusion Leaders Network. Commissioner's legislative efforts in the U.S. Congress have included the introduction of the U.S-EU Joint Action Plan to combat prejudice and discrimination and African Descent Affairs Act.

Staff Contact: Mischa Thompson, senior policy advisor

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  • Dispatches From Moscow: Luke Harding’s Chilling Tale of KGB Harassment

    This briefing, moderated by Kyle Parker, Policy Advisor at the Commission on Security and Cooperation in Europe, addressed issues of human rights abuses in Russia in the context of the then imminent elections and widespread protests. The witness – Luke Harding, a journalist with the Guardian – remarked on Russia’s human rights abuses which blatantly ignore their commitments to the Helsinki Accords, citing anecdotal evidence. Harding, who had been the only Guardian correspondent to have actually reported from Russia since the 1917 Bolshevik Revolution, had suffered more at the hands of the FSB than any other Western correspondent, due to the fact that, during his four year tenure in Moscow, he comprehensively and repetitively busted Russia’s taboos that make it the security state it is today.

  • Senator Cardin’s Response to Rep. King’s U.S. Anti-Muslim Hearings

    Mr. President, I rise today to share my thoughts on the hearings held last week in the House of Representatives called "The Extent of Radicalization in the American Muslim Community and that Community's Response." Congressional hearings are supposed to serve as an important role of oversight, investigation, or education, among other purposes. However, this particular hearing--billed as the first of a series--served only to fan flames of fear and division.  My first concern is the title of the hearing--targeting one community. That is wrong. Each of us has a responsibility to speak out when communities are unfairly targeted.  In 1975, the United States joined all the countries of Europe and established the Conference on Security and Cooperation in Europe, now known as the OSCE. The Congress created the U.S. Helsinki Commission to monitor U.S. participation and compliance with these commitments. The OSCE contains commitments in three areas or baskets: security, economics, and human rights. Best known for its human rights advancements, the OSCE has been aggressive in advancing these commitments in each of the OSCE states. The OSCE stands for religious freedom and protection of minority rights.  I am the Senate chair of the U.S. Helsinki Commission. In that capacity, I have raised human rights issues in other countries, such as in France when, in the name of national security, the Parliament banned burqas and wearing of all religious articles or when the Swiss restricted the building of mosques or minarets.  These policies were restrictive not only to the religious practice of Muslims but also Christians, Jews, and others who would seek to wear religious symbols and practice their religion as they saw fit.  I have also raised human rights issues in the United States when we were out of compliance with our Helsinki commitments. In that spirit, I find it necessary to speak out against the congressional hearing chaired by Congressman Peter King.  Rather than constructively using the power of Congress to explore how we as a nation can use all of the tools at our disposal to prevent future terrorist attacks and defeat those individuals and groups who want to do us harm, this spectacle crossed the line and chipped away at the religious freedoms and civil liberties we hold so dearly.  Radicalization may be the appropriate subject of a congressional hearing but not when it is limited to one religion. When that is done, it sends the wrong message to the public and casts a religion with unfounded suspicions.  Congressman King's hearing is part of a disturbing trend to demonize Muslims taking place in our country and abroad. Instead, we need to engage the Muslim community in the United States.  A cookie-cutter approach to profile what a terrorist looks like will not work. As FBI Director Mueller recently testified to the Senate:  “... During the past year, the threat from radicalization has evolved. A number of disruptions occurred involving extremists from a diverse set of backgrounds, geographic locations, life experiences, and motivating factors that propelled them along their separate radicalization pathways.”  Let us remember that a number of terrorist attacks have been prevented or disrupted due to informants from the Muslim community who contacted law enforcement officials.  I commend Attorney General Holder and FBI Director Mueller for increasing their outreach to the Arab-American community. As Attorney General Holder said:  “Let us not forget it was a Muslim-American who first alerted the New York police to a smoking car in Times Square. And his vigilance likely helped to save lives. He did his part to avert tragedy, just as millions of other Arab-Americans are doing their parts and proudly fulfilling the responsibility of citizenship.” We need to encourage this type of cooperation between our government and law enforcement agencies in the Muslim community.  As the threat from al-Qaida changes and evolves over time, the piece of the puzzle is even more important to get right. FBI Director Mueller testified before the House recently that:  At every opportunity I have, I reaffirm the fact that 99.9 percent of Muslim-Americans, Sikh-Americans, and Arab-Americans are every bit as patriotic as anyone else in this room, and that many of the anti-terrorism cases are a result of the cooperation from the Muslim community and the United States.  As leaders in Congress, we must live up to our Nation's highest ideals and protect civil liberties, even in wartime when they are most challenged. The 9/11 Commission summed up this well when they wrote:  The terrorists have used our open society against us. In wartime, government calls for greater powers, and then the need for those powers recedes after the war ends. This struggle will go on. Therefore, while protecting our homeland, Americans must be mindful of threats to vital personal and civil liberties. This balancing is no easy task, but we must constantly strive to keep it right.  I agree with Attorney General Holder's recent speech to the Arab-American Anti-Discrimination Committee, where he stated:  “In this Nation, our many faiths, origins, and appearances must bind us together, not break us apart. In this Nation, the document that sets forth the supreme law of the land--the Constitution--is meant to empower, not exclude. And in this Nation, security and liberty are--at their best--partners, not enemies, in ensuring safety and opportunity for all.” Actions, such as the hearing held last week, that pit us against one another based on our religious beliefs, weaken our country and its freedoms and ultimately do nothing to make our country any safer. Hearings such as the one held last week only serve as a distraction from our real goals and provide fuel for those who are looking for excuses to find fault or blame in our way of life.  Let's not go the way of other countries but instead hold dear the protections in our Constitution that safeguard the individual's right to freely practice their religion and forbid a religious test to hold public office in the United States. Our country's strength lies in its diversity and our ability to have strongly held beliefs and differences of opinion, while being able to speak freely and not fear the government will imprison us for criticizing the government or holding a religious belief that is not shared by the majority of Americans.  On September 11, 2001, our country was attacked by terrorists in a way we thought impossible. Thousands of innocent men, women, and children of all races, religions, and backgrounds were murdered. As the 10-year anniversary of these attacks draws closer, we continue to hold these innocent victims in our thoughts and prayers, and we will continue to fight terrorism and bring terrorists to justice.  After that attack, I went back to my congressional district in Maryland at that time and made three visits as a Congressman. First I visited a synagogue and prayed with the community. Then I visited a mosque and prayed with the community. Then I went to a church and prayed with the community. My message was clear on that day: We all needed to join together as a nation to condemn the terrorist attacks and to take all necessary measures to eliminate safe havens for terrorists and bring them to justice. We all stood together on that day regardless of our background or personal beliefs.  But my other message was equally important: We cannot allow the events of September 11 to demonize a particular community, religion, or creed. Such actions of McCarthyism harken back to darker days in our history. National security concerns were used inappropriately and led to 120,000 Japanese-Americans being stripped of their property and rights and placed in internment camps in 1942, though not a single act of espionage was ever established.  The United States should not carry out a crusade against any particular religion as a response to 9/11 or other terrorist attacks. The United States will not tolerate hate crimes against any group, regardless of their religion or ethnicity, and we should not allow our institutions, including Congress, to be used to foment intolerance and injustice. Let's come together as a nation and move forward in a more constructive and hopeful manner.

  • Year in Review: 2010 Supplementary Human Dimension Meetings

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

  • Roundtable Discussion: Minorities in France

    On behalf of Congressman Hastings, Dr. Mischa Thompson of the U.S. Helsinki Commission addressed concerns for the respect of minority rights in France, highlighting both the positive and negative developments that have been made in an effort to learn from both situations. Several points were discussed including the increasing number of minorities within politics in France and the countries response to Roman policies. Witnesses testifying at the briefing from both France and the United States assessed the status of minorities, especially young individuals, in regards to participation in political issues, economic issues, budgetary issues, and public health. Efforts to deconstruct ethno-racial prejudices and the methods of doing so were also debated.

  • Minority Political Participation in the Obama Era

    Representative Michael Honda introduced the briefing on behalf of Congressman Alcee L. Hastings, who called on strengthening work across borders to stem the growing tide of intolerance and to realize that there is much more to gain by involving minority communities in the political process than alienating them. He was joined by Congresswoman Barbara Lee, Chair of the Congressional Black Caucus, who emphasized strengthening partnerships with minority counterparts in Europe and abroad. Gay McDougall brought her expertise to the discussion and emphasized the toxic role of the media with respect to the participation of minority politicians.  

  • Fostering Effective Ethnic Minority Political Participation in the OSCE Region

    By Alex T. Johnson and Mischa Thompson, PhD, Policy Advisors As part of an ongoing initiative to foster ethnic minority political participation in the OSCE region, Congressman Alcee L. Hastings (D-FL), Co-Chairman of the United States Helsinki Commission attended the United Nations (UN) Second Session of the Forum on Minority Issues. The Session focused on Minorities and Effective Political Participation, took place on November 12 and 13, 2009 at the Palais des Nations in Geneva, Switzerland. The purpose of the Forum was to “identify and analyze best practices, challenges, opportunities and initiatives for the further implementation of the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.” The Forum consisted of a Preparatory Meeting for NGOs, Workshop for Minority Political Actors, the Forum, and two Side events organized by the Minority Rights Group and United Nations Office of the High Commissioner for Human Rights. Recommendations based on the proceedings were produced at the close of the forum. The U.S. delegation to the Forum was led by Congresswoman Barbara Lee (D-CA), Chairman of the Congressional Black Caucus. In addition to Co-Chairman Hastings, other members of the U.S. delegation included, Congressman Mike Honda (D-CA) - Chair of the Congressional Asian Pacific American Caucus, and Delegate Donna Christensen (D-VI). The Forum was Chaired by Congresswoman Lee and convened by United Nations Independent Expert on Minority Issues, Gay McDougall. More than five hundred persons participated in the Forum, including more than eighty elected officials and other political actors, forty-five delegates and ninety-five non-government organizations from all over the world. The U.S. Delegation attended the Workshop for Minority Political Actors, which took place prior to the Forum and allowed elected officials and other political figures to discuss their own priorities and strategies for increasing minority political participation. Participants discussed barriers and possible remedies and efforts governments, parliaments, political parties, national human rights institutions, civil society, treaty bodies, United Nations institutions, the media, and other stakeholders could engage in to foster minority political participation. The U.S. delegation focused on the need to educate minority populations on their civil and political rights, including voting, running for office, and advocacy. Additionally, to address the lack of representation of minorities in government, the delegation called for initiatives that would increase employment opportunities for minorities in the political sphere. Specifically, these recommendations included introducing civic education programs led by minorities and developing minority youth professional development programs at government agencies, in parliaments, and in international bodies. Congressman Honda highlighted the importance of including minorities in the development, management, and implementation of government initiatives targeting minorities. “One should see minorities in professional positions upon immediately entering national human rights agencies, especially when the agency has a stated goal of combating racism and discrimination,” he argued. (This and other suggestions from the U.S. Delegation were included in the final Recommendations of the Forum.) As Chairperson, Congresswoman Lee opened the official Forum. In her remarks, she noted that empowering minorities politically is critical to achieving a truly democratic, free and global community. While she cited the election of President Barack Obama as an example of gains made toward fair election processes, she stated that minorities are still underrepresented in the U.S. Congress. For instance, there is currently only one African-American serving in the U.S. Senate.) Additionally, she stated that a continued focus of the Congressional Black Caucus and other minority caucuses was to address disparities between minority and majority populations in all aspects of society including the political arena. Following her remarks, government delegates and members of civil society ranging from Iranian dissidents to South Asian Dalit activists gave remarks. While many of the governments offered descriptions of their various initiatives to foster minority political participation, some governments provided assessments and prescriptions for improvement, including the U.S. government. Of particular relevance to minority political participation in the European context were the comments of OSCE High Commissioner on National Minorities Knut Vollebaek. The Office of the High Commissioner on National Minorities is a unique institution of the OSCE in that it is situated in a politico-security dimension of the organization and facilitates confidential direct assessments on the status of minorities in the 56 participating States of the OSCE. High Commissioner Vollebaek highlighted how the underrepresentation of minorities in public services exacerbates the challenge of involving minorities in civic life. More specifically, he noted that exclusion and its causes threaten the stability of societies if left unaddressed. Other presentations throughout the forum corroborated the importance of this message. Speaking on the panel “Concrete Steps to Advance Minority Political Participation and to Build Capacity of Minorities to Participate Effectively,” Co-Chairman Hastings highlighted his work with minority European Parliamentarians in convening the 2009 Black European Summit.  He noted findings from the Summit, including that “the majority of our political and legal systems do not accurately reflect the racial and ethnic diversity of our societies.” He called for this problem to be addressed via “simple solutions governments, political parties, and non-governmental organizations can employ such as advertising employment opportunities in minority communities, requiring that at least a percentage of persons interviewed for a position are minorities, and providing fellowships and internships for minority youth in Parliament, government agencies, and other organizations.” Minority Roundtable On the margins of the UN Minority Issues Forum, Co-Chairman Hastings convened a roundtable of participants of the April 2009 Black European Summit and other interested parties. The roundtable provided an opportunity to follow up on the Brussels Declaration adopted at the close of the Black European Summit (see Appendix 1), and discuss future initiatives for continuing the transatlantic dialogue. The discussion also informed individuals unable to participate in the Black European Summit about the scope of activities and potential for future collaboration. Participants identified destinations for study tours to view the situation of minorities and existing initiatives to increase minority political participation in the OSCE region. The United Kingdom, Netherlands, France, and Germany were specifically named given that the populations of visible minorities in these countries remains high and that they each offer unique narratives for analyzing methods to overcome barriers to minority political participation. Participants reaffirmed the need for annual meetings to sustain linkages between minority political actors and agreed to identify additional minority leaders to expand the transatlantic dialogue and plan future initiatives. Conclusion The “Recommendations of the second session of the Forum on Minority Issues on minorities and effective political participation” were compiled at the close of the Forum and should serve as a useful guide for governments to foster minority political inclusion. Moreover, in the OSCE region, sustaining a transatlantic dialogue with minority political actors focused on minority political inclusion is not only key to implementation of the recommendations, but also realizing the commitments to democratic societies enshrined in both the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Helsinki Final Act. Appendix 1 Brussels Declaration We, as members of the public, private, and voluntary sectors from Europe and the United States of America convening in Brussels, Belgium from the 15 to 16 of April 2009 for the Black European Summit: Transatlantic Dialogue on Political Inclusion, draw attention to the need for coordinated strategies to address racism and discrimination; We recognize the democratic, multi-ethnic and multi-racial nature of our countries’ diverse societies; We reaffirm the principles of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights; We remain concerned that the political and legal systems in some of our societies do not reflect the racial and ethnic diversity within our societies, which then contributes to the continuation of racism and discrimination; We recognize that the full access of racial and ethnic minorities to participate in the political sphere and relevant areas of decision making at the levels of national, regional, and locally elected government appropriate to each nation is critical to combating racism and inequality and ensuring our democratic societies; We therefore note the need for concrete strategies to: increase the representation and influence of racial and ethnic minority policymakers; jointly seek solutions to racial and ethnic minorities increased participation in decision-making in the development and implementation of policy initiatives to address discrimination and inequality; and support opportunities to exchange and share perspectives in these areas through the continuance of a transatlantic dialogue to realize these goals. We today resolve that we will endeavor to enact initiatives to eradicate racial and ethnic discrimination through: Continuing a transatlantic dialogue that: includes cultural exchanges between American and European racial and ethnic minority groups, including youth; focuses on the development of opportunities for racial and ethnic minority political leadership and participation in the policymaking process; and fosters the exchange of information on best practices to implement and enforce antidiscrimination measures and achieve racial equality; Joining forces over the coming months to develop common goals and objectives in each of our decision-making bodies to recognize Europe’s Black and racial and ethnic minority populations for their historical and present-day contributions and acknowledge past injustices; Promoting racial and ethnic minority participation at all levels of national, regional, and local government through the education of civil and political rights, including the legislative process and advocacy of legislative issues relevant to racial and ethnic minority communities, development of targeted professional development and hiring strategies, and increased youth and community outreach; Reaffirming our continued cooperation and commitment to work with our governments, international institutions, civil society, private sector, and other partners to improve institutions so that they are fully participatory and reflect the democratic principles of equality, justice, and celebration of the strengths of our countries’ diversity. In 2008, Congressman Hastings Chaired two U.S. Helsinki Commission hearings entitled: “The State of (In)visible Black Europe: Race, Rights, and Politics” and “Racism in the 21st Century: Understanding Global Challenges and Implementing Solutions.” At the hearings, the lack of minority representation in European policymaking, especially at national levels, was identified as a major obstacle to combating racism and discrimination by European witnesses. This prompted a call for a transatlantic dialogue on minority political participation that included best practices from the United States’ Civil Rights Movement. The resulting events have been the 2009 Black European Summit and 2010 Transatlantic Dialogue on Minority Political Leadership.

  • Copenhagen Anniversary Conference

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

  • OSCE Holds Conference in Astana on Tolerance and Non-Discrimination

    On June 28 and 29th, Kazakhstan, the OSCE Chair-in-Office for 2010, hosted a “High Level Conference on Tolerance and Nondiscrimination” in Astana, preceded by a one-day civil society forum. At the opening session, President Nursultan Nazarbayev called for 1) the establishment of an OSCE centre on tolerance and non-discrimination and 2) an OSCE High Commissioner on InterEthnic and Interreligious Tolerance. Kazakhstan Foreign Minister and Chair-in-Office Saudabayev concluded the meeting with a statement that he dubbed the “Astana Declaration.” More than 600 people registered to attend the conference. A large number of countries were represented by their bilateral Embassies in Astana and/or by their representatives to the OSCE from Vienna. There were no reports of NGOs having difficulties registering or gaining access to the meeting site. OSCE officials participating included Janez Lenarcic, Director of the OSCE Office for Democratic Institutions and Human Rights; Knut Vollebaek, OSCE High Commissioner on National Minorities; and Dunja Mijatovic, the OSCE Representative on Freedom of the Media. The three Personal Representatives appointed by the Chair-in-Office tasked with dealing with these issues all attended and participated: Rabbi Andrew Baker, Personal Representative of the Chair-inOffice on Combating Anti-Semitism; Senator Adil Akhmetov, Personal Representative of the Chair-in-Office on Combating Intolerance and Discrimination against Muslims; and MEP Mario Mauro, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of other Religions.

  • OSCE Parliamentary Assembly Session in Oslo

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

  • Ethnic and Racial Profiling in the OSCE Region

    In this briefing, held by Commissioners Alcee L. Hastings and Benjamin L. Cardin, the topic of discussion was combatting ethnic and racial profiling. To this end, years ago, Hastings and Cardin began such efforts for the OSCE. Consequently, the OSCE established a tolerance unit that publishes an annual hate crimes report, has three personal representatives to address these issues, and has developed numerous initiatives to address prejudice and discrimination. Likewise, the OSCE’s High Commissioner on National Minorities has convened experts to discuss the issue of multiethnic policing. In spite of substantial progress made, there continues to be a lot of work to be done to address ethnic and racial profiling. In fact, the Commission, U.S. Government, and organizations like the American-Arab Anti-Discrimination Committee and Human Rights First have, quite recently, called for a response to the profiling of Roma, Muslims, persons of African descent or blacks, and other groups in Europe and the U.S.

  • Kazakhstan’s Leadership of the OSCE

    This hearing, presided over by Co-Chairman Alcee L. Hastings, was a largely positive affirmation concerning the strides that Kazakhstan had taken regarding human rights and democratization. The commissioners commended  Kazakhstan’s elimination of its nuclear program, which is rare for a country with an emerging economy and democracy. However, the Commissioners believed that further justification would be required for Kazakhstan's bid to host the 2010 OSCE Summit.

  • 65th Anniversary of the Liberation of Auschwitz

    Mr. President, on January 27, 1945, the Nazi concentration camp at Auschwitz, including Birkenau and other related camps near the Polish city of Oswiecim, was liberated by the Soviet Army. This week, people have gathered at Auschwitz and in many other places to mark the 65th anniversary of that event. I am pleased that President Obama presented a video address in which he underscored--using Elie Wiesel's words--the sacred duty of memory. Auschwitz-Birkenau was the principal and most notorious of the six death camps built by Nazi Germany to achieve its goal of the mass extermination of the Jewish people of Europe. Built in Nazi-occupied Poland initially as a concentration camp for Poles and later for Soviet prisoners of war, it soon became a prison for a number of other nationalities. Ultimately, a minimum 1,300,000 people were deported to Auschwitz between 1940 and 1945, and of these, at least 1,100,000 were murdered at that camp. An estimated 6 million Jews--more than 60 percent of the pre-World War II Jewish population of Europe--were murdered by the Nazis and their collaborators at Auschwitz and elsewhere in Europe. In addition, hundreds of thousands of civilians of Polish, Roma, and other nationalities, including in particular disabled individuals, homosexuals, political, intellectual, labor, and religious leaders, all of whom the Nazis considered `undesirable,' as well as Soviet and other prisoners of war, perished at Auschwitz . On that day of liberation , 65 years ago, only 7,000 camp prisoners who had passed through the infamous Auschwitz gates, the ones who promised "Arbeit Macht Frei" -- "Work Will Make You Free" -- managed to survive the selections, torture, starvation, disease, inhuman medical experiments, and executions that occurred at Auschwitz. According to a new survey published this week by the Organization for Security and Cooperation in Europe, OSCE, at least 41 of the OSCE's 56 participating states commemorate the Holocaust with official events. Thirty-three participating states have established official memorial days for Holocaust victims, and January 27 is the official Holocaust Memorial Day in many European countries, including Denmark, Estonia, Germany, Greece, Italy, Sweden, and the United Kingdom. I am deeply gratified that since 2005, the United Nations has also observed January 27 as a day of remembrance for the victims of the Holocaust. In fact, Auschwitz -Birkenau was inscribed on the UNESCO World Heritage List in 1979. I personally visited Auschwitz in 2004 and cannot overstate the importance of the Memorial Museum there today in the effort to teach future generations about the Holocaust. The recent theft of the "Arbeit-Macht-Frei" sign -- which, fortunately, was recovered -- has certainly heightened awareness of the need for additional security measures there, and I support the efforts to secure increased funding for the preservation of the Memorial Museum. Teaching about the Holocaust is an obligation that must be met not only at Auschwitz , but at places where people learn around the globe. As chairman of the Commission on Security and Cooperation in Europe, I am deeply concerned by the rise of anti-Semitism and violent extremism in some OSCE participating states. In particular, I am deeply troubled by the continued prevalence of Nazi-era discourse to describe Roma. As Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, has said: Even after . . . the Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma. With this concern in mind, I was pleased to learn that the United Nations invited the OSCE senior advisor for Romani issues, Andrzej Mirga, to participate in the commemoration they organized this year. Sadly, as Mr. Mirga observed, although approximately 23,000 Romani people were sent to Auschwitz , none were among the survivors liberated there 65 years ago.  

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

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

  • Advancing U.S. Interests in the OSCE Region

    The hearing examined U.S. policy toward the Organization for Security and Cooperation in Europe, the largest regional security organization in the world, ahead of a meeting of foreign ministers to be held in Athens in early December.  Greece held the chairmanship of the 56-nation OSCE focused on enhancing security, promoting economic cooperation, and advancing democracy and human rights in 2009. Kazakhstan assumes the chairmanship in January, 2010. The Commission will examine timely issues, including: security arrangements in Europe, simmering tensions in the Caucasus region, relations with Russia and the countries of the former Soviet Union, developments in the Balkans, OSCE engagement on Afghanistan and developments in Central Asia.  The hearing will also assess ongoing efforts to combat anti-Semitism and other forms of intolerance and backsliding on fundamental freedoms.

  • Commission Plays Leading Role at Parliamentary Assembly in Lithuania

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

  • Helsinki Commissioners Condemn Violence Against Roma

    Bipartisan Members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today voiced strong concerns for growing violence against the Roma – Europe’s largest ethnic minority group. At a briefing examining the growing prejudice against Roma in Europe and subsequent acts of violence against Roma across Europe, Co-Chairman Congressman Alcee L. Hastings (D-FL) expressed concern for the treatment of Roma, who have been victimized in their own homes – from the killing of elderly to young children burned by fire bombs. “Governments must act with a sense of urgency in combating the pernicious racism that has contributed to the social, economic, and political marginalization of Roma, resulting in the gruesome and deadly attacks on Roma in recent months,” Co-Chairman Hastings said. “But beyond the violence, the continual dislocation of Roma most recently from their historic home in Sulukule, outside Istanbul, Turkey, shows a disregard for minorities and further sends a signal of exclusion. I call on all European countries to reverse this troubling trend.” Chairman Benjamin L. Cardin (D-MD) added: “In the wake of the recent European Parliamentary elections, we are seeing growth of political parties who espouse anti-immigration, anti-minority, and anti-Semitic policies. I urge governments across Europe to respect Roma human rights. They should fully integrate the continent’s largest ethnic minority group, do away with segregated schooling, and when crimes are committed, thoroughly investigate and hold criminals accountable for their acts of hate.” Helsinki Commissioner Congressman Joseph R. Pitts (R-PA) added: “Some people have compared the firebombing and other attacks on Roma in the Czech Republic and Hungary to the sniper attacks that took place in the area a few years ago. For Roma, who are the singular targets in this case, we can only imagine the fear that grips those communities. I urge the Czech and Hungarian Governments to do everything possible to bring the perpetrators of those attacks to justice and to ensure that they are prosecuted to the fullest extent of the law.”

  • International Roma Day Bracketed by Rising Extremism and Violence

    By Erika B. Schlager, Counsel for International Law On April 8, Romani communities throughout the OSCE region celebrated International Roma Day. Numerous recent events, however, underscored the profound prejudice Roma continue to face. Background On April 8, 1971, Roma from across Europe met in London for the first congress of the International Romani Union (IRU). At the 4thcongress of the IRU, convened in Warsaw in 1990, participants designated April 8 as “International Roma Day” and, in subsequent years, International Roma Day has been an occasion not only to celebrate Romani language, history and culture, but also to draw attention to the often deplorable conditions in which Roma live. In 2000, the day was marked by an appeal by Pope John Paul II for “full respect for the human dignity of these brothers and sisters.” His remarks – coming after the beatification of Spanish Romani martyr Ceferino Gimenez Malla – reflected a growing awareness of the plight of Roma and simultaneously contributed to better understanding of Romani experiences. This Year’s International Roma Day International Roma Day was marked by Secretary of State Hillary Clinton in a video address posted on the Department of State website and broadcast at events at several U.S. Embassies in Europe. (Her remarks were also translated into Romani and circulated on the internet by Romani NGOs.) Many United States embassies in Europe hosted or participated in a diverse array of related events. In Vienna, the United States Mission to the OSCE used the occasion to raise Romani human rights issues at the weekly meeting of the Permanent Council (see statement below). In particular, the Mission urged the Italian and Hungarian delegations to provide information on efforts to prosecute violent attacks against Roma in those countries. In addition, many human rights organizations drew attention to continuing violations of the human rights of Roma and many Romani nongovernmental organizations hosted cultural or other activities. For example, the San Francisco-based NGO Voice of Roma organized a series of activities including music, traditional crafts, dance, film and discussion. At the international level, the OSCE High Commissioner on National Minorities, the OSCE Office for Democratic Institutions and Rights, the Council of Europe, and other human rights bodies also observed International Roma Day. Rising Extremism In recent months, however, there has been an alarming rise in manifestations of profound prejudice directed against Roma. Hungary Notoriously, there have been dozens of violent attacks against Roma in Hungary over the course of the past year, including six murders. The most shocking attack occurred in February, when 27-year-old Robert Csorba and his five-year-old son, Robert, were murdered. Their home was set on fire and then, apparently, father and child were riddled with bullets to prevent them from escaping the blaze. Several other attacks against Roma have also involved Molotov cocktails used to set houses on fire. Other children have been injured in various attacks. Thus far, there has not been a single successful prosecution for any of these attacks. Moreover, the Hungarian government has asserted that only a court can determine if an attack is ethnically motivated and therefore it is inappropriate to characterize this wave of violence as racist or ethnically motivated. (Incongruously, Hungarian government officials continue to raise concern about ethnically motivated acts against Hungarian minorities in neighboring states. In early April, for example, Hungarian officials called on Serbian authorities to address crimes that Budapest characterized as anti-Hungarian.) On April 7, the home of a local Romani official, Lidia Horvath, was set on fire. She subsequently asserted that the attack was directed at her as retaliation for her efforts to shed light on the murder of the Csorba family, which investigators initially dismissed as death by accidental fire. Separately, controversy erupted in April regarding an interview with Mate Szabo, the Parliamentary Commissioner for Civil Rights, who referred to “Tsigan [loosely translatable as “Gypsy”] crime.” His remarks come at a time when not only extremist organizations but often mainstream public figures and media outlets are fixated on the notion of alleged “Gypsy criminality.” Almost 60% of the respondents in a recent Hungarian opinion poll said they believed that “crime is in the blood of Roma.” Five leading human rights groups in Hungary denounced the ombudsman’s comments and Szabo subsequently retracted his remarks. (Specifically, they objected to the association – by the civil rights commissioner, no less – of a particular ethnic group with crime.) In contrast, National Police Chief Jozsef Bencze participated in an event celebrating International Roma Day at which he stated, “There is no collective guilt because crime cannot be associated with color.” The Czech Republic In November 2008, hundreds of extremists rioted in the Czech town of Litvinov, requiring a thousand Czech police officers marshaled from around the country to hold them at bay. Some human rights activists believe that, with the Litvinov experience in mind, extremists hoped to exploit the focus of security agencies on Prague during the April 5 summit meeting there, attended by President Obama. Accordingly, on April 4, an estimated 700 radicals descended on the town of Prerov, reportedly with the intent of intimidating and attacking Romani residents. As it happened, Czech authorities in Prerov were able to deploy enough law enforcement personnel, including riot police, to largely contain the extremists. “Extremism” in the Czech Republic may be spurred by the extent to which intolerance manifests itself in what passes for mainstream political discourse. Among some public officials, overtly anti-Roma statements continue to be uttered without any discernible political consequences. For example, in 2005 President Vaclav Klaus denied that the Lety concentration camp was actually a concentration camp. Instead, using a common Nazi description of Roma, Klaus asserted that Lety was a place for “people who refused to work”. (Lety was established during the Nazi occupation of the Czech Republic as a concentration camp for Roma. Hundreds died at the camp and many more were deported to Auschwitz.) While still serving as a local mayor, Czech Senator Liana Janackova was recorded describing herself as a racist and saying she would like to get rid of local Roma with dynamite. Some local officials continue to describe Roma as “unadaptable” – another Nazi-era concept – and some Czech media outlets quote these officials, albeit, without an apparent understanding of the historical use of this term. Slovakia On April 7, the Slovak daily Sme broke the story of six Romani boys who had been detained on March 21 by police in Kosice, forced to strip naked and commit violent acts against each other – all captured on film by the arresting officials. The video, quickly posted on You Tube, records the laughter and jeers of the police as they abuse the children. Several news stories have compared the incident to the notorious Abu Ghraib photos, and some have recalled the 2001 incident in which a Slovak Romani man, Karol Sendrei, died after being chained to a radiator in a police station and beaten over the course of a night. The abuse has been widely condemned in Slovakia and led to the immediate suspension of nine police officers. Additional investigation into the incident is continuing. In a less widely reported incident on April 4, 10 Romani men traveling to a construction site were attacked on a bus in Bratislava. Three of them had to be hospitalized. Off the Front Pages and Under the Bridges While these incidents have all garnered headlines, a broad range of chronic problems continue to gnaw away at the fabric of Romani life, including endemic discrimination in education, employment, and social services. Discrimination in housing has a multiplier effect on the lives of Roma, and large-scale forced evictions of Roma are a regular occurrence in many parts of the OSCE region. As a consequence, some Romani families that have been settled for generations find themselves forced into a kind of 21st century involuntary “nomadism.” At the same time, deeply entrenched stereotypes about exotic Roma lifestyles have made it easier for majority societies to ignore the long-term implications of social policies that further marginalize Romani children. On March 13, Amnesty International expressed concern about imminent plans by authorities in Milan to evict a community of some 150 Roma living under an overpass. Amnesty noted that there appeared to be no provision of adequate alternative housing and, accordingly, the Roma were at risk of falling into a cycle of such evictions. Similarly, on International Roma Day, Human Rights Watch drew attention to the plight of 47 Roma families forcibly evicted in Belgrade on April 3, 2009. They were removed from housing that was deemed by authorities to be “substandard” – but the families were left without an adequate alternative. In Kosovo, several NGOs, as well as the Ombudsman Institution, noted that Roma continue to live in lead-contaminated areas of northern Mitrovica, and called for their immediate and sustainable relocation. In Romania, NGOs continue to monitor displacements of Roma in Miercurea Ciuc, Piatra Neamt, and elsewhere – displacements that are hard to reconcile with a stated government policy of integrating Roma and improving access to education for Romani children. Aberrations or Trends? As reflected in the joint statement issued on International Roma Day by the EU Agency for Fundamental Rights, the Council of Europe Commissioner for Human Rights, the OSCE Office for Democratic Institutions and Human Rights and the OSCE High Commissioner on National Minorities, many observers are concerned that Roma will be the scapegoats of the current economic crisis. Yet the ongoing wave of violence against Roma escalated in Hungary and Italy for many months before the onset of the current economic crisis, and is therefore most likely rooted in longstanding prejudices against Roma. Accordingly, it is necessary for governments to re-double their efforts to combat prejudice against Roma. Given that much of contemporary bigotry against Roma still exploits the racist ideology grounded in 20th century eugenics most notoriously embraced by the Nazis, raising awareness of the content of that ideology, as it applied to Roma, is critical. Some governments have, in fact, improved efforts to commemorate Romani Holocaust losses – including Hungary, Romania, and Slovakia. More of this effort needs to be brought into the classroom and, of course, reflected in the discourse of public leaders. Statement on International Roma Day U.S. Committed to Protecting and Promoting the Human Rights of Roma United States Mission to the OSCE Statement on International Roma Day As prepared for delivery by Chargé d' Affaires Kyle Scott to the Permanent Council, Vienna April 2, 2009 Madam Chairwoman, On April 8, we will celebrate International Roma Day, an opportunity to call attention to the history, experiences, and human rights of Europe’s largest ethnic minority. The United States is committed to protecting and promoting the human rights of Roma. Despite important progress that has been made in the last decade, too many Roma still live on the margins of society. Roma continue to experience racial profiling, violence, discrimination, and other human rights abuses. Too often, they lack identity documents or citizenship papers, which exclude them from voting, social services, education, and employment opportunities. During the last year, the participating States and the OSCE have given much-needed attention to the situation of Roma, including through the Supplementary Human Dimension Meeting last July, the visits by the High Commissioner on National Minorities and the ODIHR to Italy, and in our Ministerial Decision 6/08 adopted in Helsinki. We look forward to the discussion of early education for Romani children during the Human Dimension Implementation Meeting in Warsaw later this year. The United States also welcomes efforts by governments and nongovernmental organizations to ensure that the genocide of European Roma is never forgotten. We encourage all participating States to consider ways to better incorporate the genocide of European Roma into educational curricula, including the publication this month of a book in Romania on the deportation of Roma to Transnistria. We note that a monument to Romani victims of the “Porajmos,” the term some Roma use to describe Nazi attempts to exterminate Romani people of Europe during the Holocaust, will be unveiled in Berlin later this year, and also welcome plans to establish an educational and documentation center on the site of a former Romani concentration camp in South Moravia. Unfortunately, as Council of Europe Human Rights Commissioner Thomas Hammarberg observed at the 2007 HDIM, even after the genocide of Roma, “there was no genuine change of attitude among the majority population towards the Roma.” Today, in some of OSCE participating States, local officials continue to describe Roma as “unadaptable,” routinely using a Nazi-era term. Governments have a special responsibility to ensure that minority communities have the tools of opportunity that they need to succeed as productive and responsible members of society. The United States is deeply concerned about the escalation of anti-Roma hate crimes in some OSCE participating States. In this regard, we would welcome information from the Italian delegation regarding efforts to prosecute individuals for participating in mob attacks on Romani camps in 2007 and 2008, when Italian police provided protection to camp residents. We also support efforts by the Hungarian government to prosecute those responsible for recent violent attacks against Roma, including the February murder of Robert Csorba and his five-year-old son. In closing, the United States urges OSCE participating States to honor their commitment—first made a decade ago at the 1999 Istanbul Summit—to ensure that national laws and policies fully respect the rights of Roma. Furthermore, governments must commit to effectively enforcing these laws. Thank you, Madam Chairwoman.

  • Co-Chairman Hastings Chairs Meeting in Israel on Countering Discrimination in the Mediterranean Region; Meets with Prime Minister Olmert

    By Marlene Kaufmann, General Counsel During two days in December 2007 a unique meeting of the Organization for Security and Cooperation in Europe (OSCE) occurred in Tel Aviv, Israel. For only the second time in eleven years, Israel was chosen by the OSCE participating States to host the annual Mediterranean Seminar -- a meeting designed to encourage dialogue about, and strategies for, improved cooperation between the OSCE participating States and their Mediterranean Partners for Cooperation -- Algeria, Egypt, Israel, Jordan, Morocco and Tunisia. As Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly, Co-Chairman Hastings had worked tirelessly to bring the Partners together in Israel for their annual seminar. Unfortunately, official participation by the Partner States was limited, with only Jordan and Egypt sending representatives to the plenary sessions. However, more than seventy delegates from thirty-five countries attended the seminar and robust participation by NGOs from both sides of the Mediterranean yielded spirited discussion and specific recommendations for future OSCE efforts to combat discrimination. Prior to joining the seminar, the Co-Chairman traveled to Jerusalem for a private meeting with Israeli Prime Minister Ehud Olmert. The two discussed prospects for negotiations toward a two-state solution to the Israeli-Palestinian conflict following the Annapolis conference, as well as continued threats to Israel’s security including Iran’s ongoing nuclear program. Co-Chairman Hastings also met with Jordanian Ambassador to Israel, Ali Al-Ayed, to discuss his country’s views on the security situation in the region as well as the impact of the massive displacement of Iraqi citizens, including more than a half million who have sought refuge in Jordan. More than 4.7 million Iraqis have been displaced since 2003, including 2 million who have fled to Syria, Jordan and other countries in the region. This is the largest population displacement in the Middle East since 1948. Co-Chairman Hastings has introduced legislation to address this growing humanitarian crisis which provides aid for Jordan and other countries in the region that are hosting Iraqi refugees. The Co-Chairman’s visit also included a briefing by Israel’s Director for relations with the United Nations and International Organizations and a tour of a newly constructed desalination facility in Ashkalon, the largest in the region. Desalination is a critical part of the social and economic infrastructure of the Middle East as it is in the Co-Chairman’s congressional district and the entire State of Florida. Under the broad theme “Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding,” seminar participants examined such topics as the implementation of OSCE tolerance-related commitments in the participating States and the Mediterranean Partners for Cooperation and lessons learned; promoting respect for cultural and religious diversity and facilitating dialogue; and countering discrimination in the OSCE and Partner states. In his opening remarks to the session on Countering Discrimination in the OSCE Participating States and the Mediterranean Partners for Cooperation, Co-Chairman Hastings pointed out that combating discrimination against individuals because of their race, religion, national origin or gender is a core principle of the Helsinki Process and is essential to stable, productive, democratic societies. “The reality,” said Hastings, “is that none of our societies is immune from the ignorance, indifference or outright hatred that fosters discrimination, intolerance, and ultimately destruction of every sort.” Co-Chairman Hastings noted that hate crimes had increased 8% in the U.S. during 2007 amidst the resurgence of the noose and swastika, unfair equation of Muslims and migrants with terrorism, violent attacks on gays, and the derogatory parodying of minority groups in the media and elsewhere in society. “Elsewhere in the OSCE, the situation is not any better,” he said. “A number of European countries have voted extremist political parties into office that openly espouse xenophobic, racist, and anti-Semitic views in the name of preserving national identity and security.” These scene-setting remarks were followed by presentations from a distinguished panel including Slovenian Ambassador, Mr. Stanislav Rascan, European Commission Ambaassador Mr. Lars Erik Lundin, Israeli lawyer Ms. Gali Etzion and Professor Gert Weisskirchen, a Member of the German Bundestag and Personal Representative of the OSCE Chairman-in-Office on Combating anti-Semitism. Their remarks, and the discussion that followed, focused on combating discrimination through legal measures, including legislative initiatives, as well as implementation by courts; education, in particular for young people; special challenges regarding discrimination against women, including religious laws; and the necessity of continuing dialogue between governments, parliaments and NGOs on ways and means to empower individual citizens. In his closing remarks, Co-Chairman Hastings strongly urged the participants to focus on implementation of anti-discrimination laws and regulations and promotion of civic programs that encourage tolerance. He pointed out that all of us as individuals, and in particular government officials, have an obligation to combat intolerance and discrimination, as well as promote mutual respect and understanding. Hastings also stated his intention to visit all Mediterranean Partner countries within a year in his capacity as Special Representative for Mediterranean Affairs of the OSCE Parliamentary Assembly. On May 16, 2008, Co-Chairman Hastings again traveled to Israel, accompanying Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and other senior Members of Congress to mark Israel’s 60th Anniversary. Co-Chairman Hastings and the delegation met with President Peres, Prime Minister Olmert, Defense Minister Barak and Foreign Minister Livni, as well as with the leaders of the Jewish, Christian and Muslim communities in Jerusalem. The Co-Chairman also accompanied Speaker Pelosi on a side trip to Baghdad where they met with Prime Minister Maliki and the Speaker of the Iraqi Parliament, the Council. December 2008 offered the opportunity for Co-Chairman Hastings to fulfill his promise to the OSCE Mediterranean Partners Seminar and again visit all the Mediterranean Partner countries. The Co-Chairman traveled to Morocco, Algeria, Tunisia, Egypt and Israel where he met with parliamentarians and senior government officials. Co-Chairman Hastings also met with Jordanian officials in Egypt and expressed his intention to visit Jordan to complete his tour of the region in 2009. For details of the Co-Chairman’s December 2008 visit, see “U.S. Helsinki Commission Co-Chairman Alcee L. Hastings Visits OSCE Mediterranean Partners to Advance Regional Cooperation,” Helsinki Commission Digest, Volume 40, Number 34.

  • Report on the UN Committee on the Elimination of Racial Discrimination Review of the US and Seventh Annual Meeting of the UN Working Group on People of African Descent

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

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

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